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Abortion rights foes say Missouri Amendment 3 is too broad — and the wrong way to change the law

Susan Cooke, 57, of O’Fallon, Mo., prays on Friday, June 24, 2022, in front of the Planned Parenthood of the St. Louis Region and Southwest Missouri. “We’ve been working hard for years to save lives,” Cooke said. “The work has to continue. God created life and it’s not up to us to end these lives. People take too many things in their own control, when it’s actually in God’s control and God’s hands.”
Brian Munoz
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St. Louis Public Radio
Susan Cooke, 57, of O’Fallon, Mo., prays on Friday, June 24, 2022, in front of the Planned Parenthood of the St. Louis Region and Southwest Missouri.

Recent polling by The Midwest Newsroom and Emerson College found that 56% of respondents considered the state’s current abortion ban to be too strict. But opponents of abortion rights argue that Amendment 3, the legalization ballot issue this November, would be too expansive.

Missouri was one the first states to ban most abortions after Roe v. Wade fell in 2022, but now abortion rights opponents are facing a serious challenge in November.

Amendment 3 on the Missouri general election ballot would overturn the state’s abortion ban and enshrine the right to an abortion in the Missouri Constitution, legalizing the practice up until the point of fetal viability.


Amendment 3 would enshrine abortion rights in the state constitution. Even though supporters have a massive financial advantage and scores of volunteers across the state, Stephanie Bell of Missouri Stands With Women said the more people hear about what’s actually in the proposal — the less they like it.

“There are lots of provisions within this that would be enshrined into our constitution that I think are causing lots of Missourians very real concerns,” Bell said on the Politically Speaking Hour on St. Louis on the Air.

Stephanie Bell, of Missouri Stands With Women, said changes to abortion law should come through the legislature — not the Missouri Constitution.
Courtesy
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Stephanie Bell
Stephanie Bell, of Missouri Stands With Women, said changes to abortion law should come through the legislature — not the Missouri Constitution.

A campaign committee supporting Amendment 3 has raised more than $23 million in donations of $5,000 or more from the beginning of the year through mid-October.

And recent polling by the Midwest Newsroom and Emerson College found that 56% of respondents considered the state’s law to be too strict. And other public polls have shown Amendment 3 going well beyond the 50% threshold needed to pass.

“This is a very divisive issue, and I think people are kind of very decided on where their line of abortion access is,” said Midwest Newsroom data journalist Daniel Wheaton during an appearance on the Politically Speaking Hour. “And given that majorities say that it's too strict within this one poll, it's a sign that maybe things will expand in Missouri in the coming years, if not on this amendment, perhaps one in the future.”

Bell said that while Missourians may not agree with the current law, the best way to change it is through the legislature — not the Missouri Constitution.

“If you support those tweaks, you could elect officials,” said Bell, referring to creating exceptions for rape, incest or fatal fetal abnormalities. “You could lobby the legislature to have those tweaks made to current law.”

Some of the state lawmakers who crafted the current abortion ban — including Mary Elizabeth Coleman and Nick Schroer — are serving in the Senate, where it’s easier for individual lawmakers to stall legislation.

Asked if that could be a major impediment to changing the current abortion law if Amendment 3 fails, Bell said, “I got out of the game of predicting what the legislature is going to do a long time ago.”

Linda Raymond, 64, kisses her husband, Chuck Raymond, 64, both of Ellisville, Mo., while celebrating the Supreme Court’s overturning of Roe v. Wade on Friday, June 24, 2022, outside Planned Parenthood of the St. Louis Region and Southwest Missouri. “I just have gratitude for all other pro-life warriors that have been here in the fight and those in Missouri who have fought for the unborn for decades,” she said, while adding she and her husband had an abortion when they were teenagers. “We always have said if it wasn’t legal then there’s no way we would have made that decision. We were panicked and didn’t stop to think about what we were doing.”
Brian Munoz
/
St. Louis Public Radio
Linda Raymond, 64, kisses her husband, Chuck Raymond, 64, both of Ellisville, Mo., while celebrating the Supreme Court’s overturning of Roe v. Wade on Friday, June 24, 2022, outside Planned Parenthood of the St. Louis Region and Southwest Missouri. “I just have gratitude for all other pro-life warriors that have been here in the fight and those in Missouri who have fought for the unborn for decades,” she said, while adding she and her husband had an abortion when they were teenagers. “We always have said if it wasn’t legal then there’s no way we would have made that decision. We were panicked and didn’t stop to think about what we were doing.”

Too expansive?

Amendment 3 would, among other things, place language in the constitution that protects abortion up until fetal viability. Medical professionals could perform the procedure beyond that if an abortion “in the good faith judgment of a treating health care professional is needed to protect the life or physical or mental health of the mother.”

Bell and other Amendment 3 foes say that language could allow for someone to seek an abortion in the eighth or ninth month of pregnancy.

“I don't think it's going to be a significant barrier post-fetal viability for individuals seeking abortions well into the third term,” she said.

But Amendment 3 backers, including some medical professional supporting the measure, have said women seek abortion later in pregnancy when there’s a catastrophic emergency — not because they’ve changed their minds.

“These ideas of like a 32-week abortion? No, it's a delivery,” said Kansas City physician Betsy Wickstrom during a press call supporting Amendment 3. “And we hand them to the neonatologist and say, Here's this preterm baby.”

Asked if she’s heard of a situation where someone went to get an abortion at eight or nine months of pregnancy and didn’t have a critical medical situation, Bell replied: “I think that is a real fear, should this amendment pass.”

Bell and other Amendment 3 opponents have contended that the definition of reproductive health care is so broad, it could end up striking down Missouri’s ban on gender transition surgery for minors.

“You could just add a sentence on the end of there that says reproductive health care does not include gender-affirming health care, or whatever term you want to use,” Bell said.

Bell pointed to how some groups have called gender-affirming care reproductive health care. But some legal experts have disputed this interpretation, since not all gender transition surgery involves the removal of reproductive organs.

Proponents of Amendment 3 appeared on the Politically Speaking Hour earlier this year. That interview is available here.

St. Louis on the Air” brings you the stories of St. Louis and the people who live, work and create in our region. The show is produced by Miya Norfleet, Emily Woodbury, Danny Wicentowski, Elaine Cha and Alex Heuer. The audio engineer is Aaron Doerr and the production intern is Jada Jones.
Copyright 2024 St. Louis Public Radio

Since entering the world of professional journalism in 2006, Jason Rosenbaum dove head first into the world of politics, policy and even rock and roll music. A graduate of the University of Missouri School of Journalism, Rosenbaum spent more than four years in the Missouri State Capitol writing for the Columbia Daily Tribune, Missouri Lawyers Media and the St. Louis Beacon. Since moving to St. Louis in 2010, Rosenbaum's work appeared in Missouri Lawyers Media, the St. Louis Business Journal and the Riverfront Times' music section. He also served on staff at the St. Louis Beacon as a politics reporter. Rosenbaum lives in Richmond Heights with with his wife Lauren and their two sons.
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