Cole County, MO – A Missouri judge has ruled that a ballot measure aimed at securing abortion rights in the state constitution is invalid, casting uncertainty on whether voters will have the chance to decide on the issue in the upcoming November election.
On Friday, Cole County Circuit Judge Christopher Limbaugh declared that the reproductive rights petition, known as Amendment 3 and spearheaded by Missourians for Constitutional Freedom, did not meet state legal requirements. Limbaugh’s ruling is based on the campaign’s alleged failure to include statutes or provisions that would be repealed by the amendment—a requirement he deemed necessary given the significance of the proposed changes.
“The court must conclude that the defendant-intervenors’ initiative petition was insufficient,” Limbaugh stated. Despite his decision, he acknowledged the case’s complexity and lack of direct precedent, and has given until Tuesday for the amendment to be potentially removed from the ballot, allowing time for an appellate court to review and potentially overturn his ruling.
Amendment 3 aims to enshrine reproductive rights in the Missouri state constitution, granting the right to an abortion up to fetal viability and safeguarding access to other reproductive health services, including birth control and in-vitro fertilization. Additionally, it seeks to protect individuals who assist with abortions from criminal prosecution.
Missouri was the first state to enact a near-total abortion ban following the U.S. Supreme Court’s overturning of Roe v. Wade. Currently, 14 states have implemented similar bans, though a majority of Americans support the legalization of abortion. Missouri remains one of the most restrictive states concerning reproductive freedoms.
In response to Limbaugh’s decision, Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, expressed disappointment and determination. “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 demanding a voice on this critical issue,” Sweet said.
Sweet affirmed the campaign’s commitment to appeal the decision, aiming for a swift resolution to ensure that Missourians can vote on November 5 to protect reproductive freedom, including access to abortion, birth control, and miscarriage care.
As the situation develops, the fate of Amendment 3 and its inclusion on the ballot remains uncertain.