This is an article written by one of our students, Sage D. The opinions expressed herein do not reflect those of Civitas other than respect for the value of open dialogue. To read more Civitas Examiner stories or to submit your own, click here.
Missouri Constitutional Amendment 3, or The Right to Reproductive Freedom Initiative, was on Missourians’ ballot in November of 2024 after more than 380,000 Missourians signed their support for putting Amendment 3 on the ballot. The measure would establish the right of reproductive freedom for Missourians, defined as “the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.” It was a close call with 52% of voters in favor, but the amendment was passed.
On May 14th of 2025, House Joint Resolution 73 (HJR 73) was approved by the Missouri Senate and will be appearing on the 2026 Missouri ballot to amend the state Constitution. If HJR 73 is passed, it will ban all abortions with exceptions for rape, incest, fetal anomalies, and medical emergency within 12 weeks. However, the ballot summary of HJR 73 does not state this explicitly, only asking if the voters want to amend the Missouri Constitution to: “Guarantee access to care for medical emergencies, ectopic pregnancies, and miscarriages; ensure women’s safety during abortions; ensure parental consent for minors; allow abortions for medical emergencies, fetal anomalies, rape, and incest; require physicians to provide medically accurate information; and protect children from gender transition?” In addition, the amendment was placed on the ballot by the legislators as HJR 73, but will appear on the ballot as Amendment 3. These facets of the amendment caused the American Civil Liberties Union (ACLU) to file a lawsuit against the Secretary of State for certifying a ballot summary that purposefully misleads voters. The lawsuit asks the court to either fully remove Amendment 3 (HJR 73) from the ballot on the basis of unconstitutionality or to certify a new ballot summary statement that tells voters what they are voting for with clarity.
On April 30th of 2025, the non-profit Right By You filed a lawsuit to overturn the Revised Statute of Missouri 188.028 because they find it unconstitutional after the passing of Amendment 3 (2024). The statute requires minors seeking abortions to give the physician performing the procedure the informed written consent of both the minor and one parent or guardian. Right by You believes the statute to clash with Amendment 3 (2024)’s statement that the government is prohibited from discriminating against people seeking out or providing abortions and anyone assisting those people. The non-profit’s founder, Stephanie Shele, says not only is it unconstitutional, but also that the law can cause direct harm to young people who need reproductive care, but cannot have a discussion with their parents or guardians without risking mental or even physical harm. The lawsuit would remove the Revised Statute of Missouri completely, meaning that minors seeking abortions would not need any parental consent to receive one.
The abortion access in states around Missouri is slightly altered. In Missouri and Illinois, abortion is legal if a health care provider determines that the fetus has not developed enough to it can survive outside of the uterus without medical assistance. If the fetus has reached that point, it is only legal to abort it to save the pregnant person’s life or their general health. In Missouri, if the pregnant person is a minor, they must provide the physician with written consent from them and one parent or guardian, but in Illinois, there is no parental consent required. Abortion in Kansas is legal before 21 weeks and 6 days of pregnancy or to save the pregnant person’s life or physical health if the fetus is past that point. If the pregnant person is a minor, both parents must give written permission in Kansas. If Amendment 3 (2026) passes, abortion in Missouri will be illegal with exceptions for rape, incest, fetal anomalies, and medical emergency within 12 weeks. If RBY’s lawsuit prevails, the current restrictions on abortion in Missouri will not change unless the pregnant person is a minor, then no parental consent will be needed.
Thanks to long-time Missouri activist Ben Senturia for his help with research for the article.
