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Missouri to Vote in November on Making Abortion a Constitutional Right

File photo: Protesters gather after the Supreme Court ruled in the Dobbs v. Women’s Health Organization abortion case, overturning the landmark Roe v Wade abortion decision, in St. Louis, Missouri, on June 24, 2022. Photo by Lawrence Bryant/ Reuters

In November, voters in Missouri will have the opportunity to vote on a significant issue: a constitutional amendment that aims to guarantee the right to abortion in the state. This move seeks to reverse Missouri’s stringent near-total ban on abortions.

The secretary of state’s office in Missouri confirmed on Tuesday that an initiative petition had gathered more than the required signatures from registered voters to qualify for the upcoming general election. For the amendment to be added to the state constitution, it must receive a majority vote from the electorate.

Missouri joins a growing list of states where abortion rights will be on the ballot during the presidential election. Recent developments indicate that Arizona has also certified an abortion rights measure for this November’s ballot. Additionally, voters in Colorado, Florida, Maryland, Nevada, and South Dakota will face similar measures. Although not directly addressing abortion rights, a measure in New York plans to prevent discrimination based on “pregnancy outcomes” and “reproductive healthcare,” among other provisions.

Supporters of the initiative expressed optimism about its prospects, having submitted significantly more signatures than required. This confidence comes in the wake of intense national debates on abortion rights following the U.S. Supreme Court’s 2022 ruling that overturned the federally protected right to abortion.

The Supreme Court’s decision ignited a fierce battle across various states, as legislatures moved to tighten restrictions. Many Republican-led states have enacted strict abortion laws while Democratic-leaning states have taken steps to bolster abortion access.

Abortion rights advocates have experienced success in all seven states that have already posed ballot measures since 2022, including California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont. These victories indicate a trend towards supporting reproductive rights in direct democratic polls.

The 2022 ruling not only dismantled Roe v. Wade but also activated a 2019 Missouri law that prohibits abortions, permitting them only in cases of medical emergencies. Under this law, performing or inducing an abortion is classified as a felony, carrying a prison sentence of 5 to 15 years. However, it is important to note that women undergoing abortions themselves cannot be prosecuted under this statute.

Since the enforcement of this law, the number of abortions performed within Missouri has plummeted. Nevertheless, this does not imply that Missouri residents have ceased seeking abortions altogether. Many individuals are now traveling to neighboring states, such as Illinois and Kansas, where abortion services remain legal and accessible.

The proposed ballot measure in Missouri would establish a legal right to abortion until a fetus reaches a stage of viability outside the womb without extraordinary medical intervention. Fetal viability is generally understood to be around 23 or 24 weeks into pregnancy, although advancements in medical technology are shifting this timeframe. The measure will also permit abortions after the point of viability if a healthcare professional deems it essential to protect the life or health—either physical or mental—of the pregnant individual.

The number of states considering similar abortion rights initiatives could potentially expand. Officials in Montana and Nebraska are currently assessing whether their proposed abortion-rights measures qualify for a spot on the November ballot. In Nebraska, there is also a competing proposal aimed at solidifying the current ban on most abortions after 12 weeks of pregnancy.

The outcome of these measures across the states could significantly influence the national conversation surrounding reproductive rights and the legal framework that governs them.

Source: Associated Press