JEFFERSON CITY — Abortion-rights supporters announced a lawsuit Wednesday challenging Missouri abortion restrictions a day after voters enshrined abortion rights in the state constitution.
Abortion-rights supporters said they were targeting the state’s abortion ban as well as “burdensome and medically unnecessary restrictions on abortion†now in conflict with the Missouri Constitution, a news release said.
Missouri’s two Planned Parenthood chapters are plaintiffs in the lawsuit, filed in Jackson County. The abortion providers ask for a preliminary injunction to block Missouri’s abortion ban and other restrictions.
The new constitutional amendment is set to take effect in early December.
Tori Schafer, deputy director for Policy and Campaigns of the ACLU of Missouri, celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov. 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
“We have asked the court to set a schedule that would allow us to start providing care on Dec. 5,†said Ella Spottswood, attorney for the Planned Parenthood Federation of America.
People are also reading…
Missouri’s current law bans abortion in all cases except in medical emergencies.
In addition, Planned Parenthood also wants to overturn a “reason ban†that prevents a woman from aborting a fetus solely because the fetus might have Down Syndrome, or solely due to sex or race.
The lawsuit also seeks to strike criminal penalties for abortion providers.
Among other Missouri restrictions targeted include a requirement that a patient meet with the same physician providing the abortion two times 72 hours apart.
The state also requires providers to give certain information to patients before an abortion, which the plaintiffs call biased and medically inaccurate.
Planned Parenthood’s action follows the Tuesday election in which nearly 52% of voters supported Amendment 3 to create a constitutional right to reproductive freedom.
While abortion-rights supporters challenge restrictions in court, abortion opponents were planning their next moves.
“Our work to protect the safety of women and the dignity of life continues. Life supporters will not sit back and watch as Big Abortion works to dismantle all the health and safety protections put in place to protect women and babies,†Stephanie Bell, spokesperson for the group , said after the vote Tuesday.
“We will continue to fight and ultimately be victorious against the forces who see no value in life,†she said in a statement.
While abortion opponents are expected to fight changes to current Missouri law in court, they could also move forward with a resolution in the Legislature to reverse Amendment 3 at the ballot box in 2026.
Such an effort would require affirmative votes in both the House and Senate but wouldn’t require Mike Kehoe, who was elected governor on Tuesday, to sign off for the question to make the ballot.
“Now it’s up to the #moleg (Missouri Legislature) to step in and restore protections for life and families. We must continue the fight,†U.S. Rep. Eric Burlison, R-Battlefield, in southwest Missouri, said on X.
But Republicans have expressed differing views on whether to move forward with their own ballot measure.
House Majority Leader Jonathan Patterson, a Lee’s Summit Republican, pledged to respect the will of the people at a candidates’ forum last month.
“We should respect the will of the people and we will,†he said.
But not all Republicans appeared to be in agreement. State Rep. Justin Sparks of Wildwood blasted Patterson’s comments.
“I don’t think Jon Patterson sounds very much like a Republican,†Sparks said in a text message last month. “I think the abortion ban is working out great for unborn babies.â€
Lawmakers will begin filing legislation on Dec. 1 for the legislative session that begins Jan. 8.
Sen. Mary Elizabeth Coleman, an abortion opponent, vowed Wednesday to continue the fight.
Susan Prinster, of O'Fallon, Mo., sings a hymn during an anti-abortion prayer service on Tuesday, Nov. 5, 2024, where abortion-rights opponents gathered on Election Day to pray for the failure of Amendment 3, at Assumption of the Blessed Virgin Mary Catholic Church in O'Fallon, Mo.
Opponents have argued Amendment 3 would also undo Missouri’s law against gender transition surgeries for minors. Such an argument could play a central role in any campaign to overturn Amendment 3.
“This won’t be the last time Missourians vote on so-called ‘reproductive rights,’ which has been co-opted by the Left to include gender-transition surgeries for kids without parental consent, and I will do everything in my power to ensure that vote happens,†Coleman said in a statement.
Amendment 3, opposed by many Republicans, will become part of the state constitution. Missouri governors and state lawmakers pledge to defend the state constitution when they’re sworn into office.
“Obviously I will take an oath to — if I’m chosen by Missourians — to protect our constitution,†Kehoe told reporters. “We’re gonna have to look at ways we can continue to protect innocent life.â€
“I hope it does not pass,†Kehoe said, going on to reference a “continued concentration†on pregnancy resource centers that discourage abortion.
Unofficial results show the pro-Amendment 3 campaign, which passed by a 51.7%-48.3% margin, won in both Republican and Democratic strongholds.
While St. Charles County voters sent all Republicans to the Legislature, 53% of the county’s voters voted in favor of Amendment 3.
In ÃÛÑ¿´«Ã½ County, 67% of voters cast votes in support of the measure. Eighty-three percent of voters in the city of ÃÛÑ¿´«Ã½ voted for it.
The measure failed in Jefferson County with 53% of voters against it. It also failed to win a majority in Republican-leaning Greene County, which includes Springfield, though it won 49% of the vote.
Mallory Schwarz, executive director of Abortion Access MO, speaks to supporters who are celebrating the passage of Amendment 3, guaranteeing reproductive rights in the state.
Catch up on Election Day news.
Photos: Missouri voters pass Amendment 3, overturn abortion ban
Tori Schafer, deputy director for Policy and Campaigns of the ACLU of Missouri, celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov. 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Tori Schafer, with the ACLU of Missouri, celebrates the passage of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½.
Allison Klinghammer with Abortion Action Missouri celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Vice President of External Affairs at Planned Parenthood Margot Riphagen celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
ACLU of Missouri Executive Director Luz Maria Henriquez, right, and ACLU of Missouri Deputy Director for Policy and Campaigns Tori Schafer celebrate the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion, with limits.
ACLU Of Missouri Executive Director Luz Maria Henriquez, center, celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Jess Dewes, right, leans on Maryellen Picker as supporters celebrate the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Supporters celebrate the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Sarah Shelton, left, and Tiare Sadarananda, right, wait for results of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Katherine Taylor with Missourians for Constitutional Freedom, center, celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Vice President of External Affairs at Planned Parenthood Margot Riphagen, and ACLU Of Missouri Executive Director Luz Maria Henriquez along with her daughter celebrate the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Kristin Mulvey, a staff attorney with the ACLU of Missouri, listens to speakers at a Amendment 3 watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The proposed amendment would establish a constitutional right to abortion.
Julia Kaye with the ACLU National Reproductive Freedom Project, center, cheers at an Amendment 3 watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel.
Vice President of External Affairs at Planned Parenthood Margot Riphagen celebrates the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
Tori Schafer, Deputy Director for Policy and Campaigns of the ACLU of Missouri, reaches for Director of Organizing and Campaigns at Abortion Action Missouri Alex Cook as supporters celebrate the passing of Amendment 3 at a watch party on Tuesday, Nov 5, 2024, at the Marriott ÃÛÑ¿´«Ã½ Grand hotel in downtown ÃÛÑ¿´«Ã½. The amendment establishes a constitutional right to abortion to the point of fetal viability and to other forms of reproductive health care, including contraception access and miscarriage care.
