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"Our fight to ensure that voters—not politicians—have the final say is far from over," said one organizer.
Campaigners who last month celebrated the success of their effort to place an abortion rights referendum on November ballots in Missouri faced uncertainty about the ballot initiative Friday night, after a judge ruled that organizers had made an error on their petitions that rendered the measure invalid.
Judge Christopher Limbaugh of Cole County Circuit Court sided with pro-forced pregnancy lawmakers and activists who had argued that Missourians for Constitutional Freedom had not sufficiently explained the ramifications of the Right to Reproductive Freedom initiative, or Amendment 3, which would overturn the state's near-total abortion ban.
The state constitution has a requirement that initiative petitions include "an enacting clause and the full text of the measure," and clarify the laws or sections of the constitution that would be repealed if the amendment were passed.
Missourians for Constitutional Freedom included the full text of the measure on their petitions, which were signed by more than 380,000 residents—more than twice the number of signatures needed to place the question on ballots.
Opponents claimed, though, that organizers did not explain to signatories the meaning of "a person's fundamental right to reproductive freedom."
Limbaugh accused the group of a "blatant violation" of the constitution.
Rachel Sweet, campaign manager for the group, said it "remains unwavering in [its] mission to ensure Missourians have the right to vote on reproductive freedom on November 5."
"The court's decision to block Amendment 3 from appearing on the ballot is a profound injustice to the initiative petition process and undermines the rights of the... 380,000 Missourians who signed our petition," said Sweet. "Our fight to ensure that voters—not politicians—have the final say is far from over."
Limbaugh said he would wait until Tuesday, when the state is set to print ballots, to formally issue an injunction instructing the secretary of state to remove the question.
Missourians for Constitutional Freedom said it plans to appeal to a higher court, but if the court declines to act, the question would be struck from ballots.
As the case plays out in the coming days, said Missouri state Rep. Eric Woods (D-18), "it's a good time for a reminder that Missouri's current extreme abortion ban has ZERO exceptions for rape or incest. And Missouri Republicans are hell bent on keeping it that way."
The ruling came weeks after the Arkansas Supreme Court disqualified an abortion rights amendment from appearing on November ballots, saying organizers had failed to correctly submit paperwork verifying that paid canvassers had been properly trained.
"By passing this amendment, we can end Missouri's total abortion ban and ensure that Missourians regain access to comprehensive reproductive healthcare," said one organizer.
Voters in at least eight U.S. states will now be able to vote on constitutional amendment ballot measures regarding abortion rights in the November elections, and in Missouri on Tuesday, organizers celebrated as they learned their initiative to place a history-making referendum on ballots had succeeded.
Missouri voters will have the opportunity to vote "yes" on the Right to Reproductive Freedom initiative, which, if passed, would make Missouri the first state to reverse its strict abortion ban through a vote by citizens.
The ballot initiative was officially certified by the Missouri secretary of state on Tuesday, three months after organizers with Missourians for Constitutional Freedom delivered more than 380,000 signatures to the state Capitol.
"This effort is a lifeline for Missourians who are now living under a senseless and cruel abortion ban passed by politicians who are deeply out of touch with voters in the state," said Kelly Hall, executive director of the Fairness Project, which helped to fund and assist Missourians for Constitutional Freedom's signature-gathering campaign. "Missourians want and need to make their own healthcare decisions without government interference. Today, Missourians for Constitutional Freedom moved voters one step closer to securing reproductive rights, and we are proud to stand with them."
Missouri's abortion ban is one of the most extreme in the nation, with the procedure prohibited in almost all circumstances "except in cases of medical emergency." The 2019 policy went into effect when the U.S. Supreme Court overturned Roe v. Wade in 2022.
"As we turn our attention to the November ballot, it's clear Missourians overwhelmingly support reproductive freedom and will have the chance to make their voices heard at the ballot box."
In addition to reversing the ban, the Right to Reproductive Freedom initiative would establish that Missouri residents have the right to make their own decisions about reproductive healthcare, including abortion, contraception, and miscarriage care.
Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, said the campaign's gathering of nearly 400,000 signatures from all 114 counties in Missouri is a testament to voters' commitment to reversing the abortion ban.
"As we turn our attention to the November ballot, it's clear Missourians overwhelmingly support reproductive freedom and will have the chance to make their voices heard at the ballot box. We are ready to fight so all Missourians can take back the freedom to make their own healthcare decisions," said Sweet.
As numerous state bans have gone into effect in 2022, reproductive health clinics in bordering states that allow abortion care have been flooded with patients from other states, delaying care for Missourians, who even before the overturning of Roe frequently crossed state lines to get care. A hospital in Joplin, Missouri denied a patient an emergency abortion last year, in violation of a federal statute, because doctors were concerned that providing care would break the state law.
"Missourians have been suffering under a total abortion ban with no exceptions, leaving women and families in unimaginable circumstances," said Margot Riphagen, vice president of external affairs for Planned Parenthood Great Rivers Action. "This cruel and unjust ban has put countless lives at risk and denied people the fundamental right to make their own healthcare decisions. By passing this amendment, we can end Missouri's total abortion ban and ensure that Missourians regain access to comprehensive reproductive healthcare." "It's time to put control back in the hands of individuals," added Riphagen, "and protect the health and dignity of our communities."
Missourians for Constitutional Freedom said it would hold canvassing kickoff events on August 17 and 18 to urge people to vote "yes" on the Right to Reproductive Freedom ballot question.
On Monday, organizers in Arizona also celebrated as the state formally certified their proposed ballot measure to establish the right to abortion care in the state constitution.
Advocates in Montana and Nebraska have submitted signatures for similar initiatives and are awaiting approval.
"This milestone for the Missourians for Constitutional Freedom campaign means that voters are one step closer to being able to use the ballot measure process to secure their rights."
Missouri currently has one of the strictest abortion bans in the United States, but a coalition behind a potential ballot measure is hoping to change that—and on Friday, it made major progress toward expanding reproductive freedom in the state.
Ahead of a Sunday deadline, Missourians for Constitutional Freedom submitted 380,159 signatures to the Missouri Secretary of State's office, which must now certify them. The signatures were collected in just three months and are over double the number needed to get the proposed amendment on the November ballot.
"Today, we turned in boxes filled with hopes and dreams of bodily autonomy," declared Tori Schafer, an ACLU attorney and coalition spokesperson, in a statement. "Our message is simple and clear: We want to make decisions about our bodies free from political interference."
A so-called "trigger law" that took effect after the U.S. Supreme Court reversedRoe v. Wade two years ago prohibits abortion care in Missouri unless the health or life of the pregnant person is at risk. There are no exceptions for rape or incest, and doctors who violate the ban could face up to 15 years behind bars.
The proposed amendment would broadly safeguard reproductive freedom in the state, protecting not only abortion care before fetal viability but also birth control, respectful birthing conditions, and miscarriage, prenatal, and postpartum care.
"Hundreds of thousands of Missourians are now having conversations about abortion and reproductive freedom; some are sharing their own abortion stories for the very first time; and all are ready to do whatever it takes to win at the ballot box this year," said Mallory Schwarz, executive director of Abortion Action Missouri and another coalition spokesperson. "Together, we are going to end Missouri's abortion ban."
Dr. Iman Alsaden, chief medical officer for Planned Parenthood Great Plains and adviser to the coalition, called Friday "a monumental day for Missouri and for my patients."
"The success of this campaign sends a clear message: Missourians trust patients to make the healthcare decisions that are best for their health and well-being," Alsaden said. "Anti-abortion politicians take note: My patients' lives are not yours to control."
Missouri is one of several states—including Arizona, Florida, and Montana—where supporters of reproductive freedom are working to pass abortion rights ballot initiatives this cycle. As the divided Congress has failed to codify Roe since the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, ballot measures have been an increasingly popular strategy.
Kelly Hall, executive director of the Fairness Project, which has backed various abortion rights ballot initiatives across the country over the past few years, welcomed the successful signature collection campaign in Missouri on Friday.
"Missourians today are living under an extremely cruel abortion ban, enacted by politicians who are profoundly out of touch with their voters," Hall said. "Missourians deserve better—they should be able to make their own healthcare decisions without government interference."
"This milestone for the Missourians for Constitutional Freedom campaign means that voters are one step closer to being able to use the ballot measure process to secure their rights this November," she added, "and we are excited to be standing with them in that fight."