Missouri Abortion Laws: Understanding The Current Landscape

Abortion laws in the state of Missouri have been subject to much change over the years. In 2022, the state began enforcing a trigger ban that prohibits abortion except in specific medical emergencies. This came after the US Supreme Court's decision to overturn Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. Missouri has retained gestational bans at eight weeks, and the state's law asserts that life begins at conception. The state also has a history of anti-abortion violence, with several incidents occurring over the years. In 2024, voters will decide on Amendment 3, which proposes to amend the state constitution to recognize reproductive freedom, including abortion care, as a fundamental right.

Abortion laws in Missouri

In 2022, Missouri enforced a "trigger" law that banned abortion, except in specific medical emergencies, following the US Supreme Court's decision to overturn Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. This law, known as the Right to Life of the Unborn Child Act, makes it a class B felony to perform or induce an abortion, except in cases of medical emergency. The Missouri Attorney General, Eric Schmitt, signed a legal opinion bringing this law into effect within minutes of the Dobbs decision being announced.

Missouri has not repealed other laws related to abortion and retains gestational bans at eight weeks, a ban on D&X procedures, and prohibitions on public funding and private insurance coverage for abortions. The state also has targeted regulation of abortion providers (TRAP) laws related to facilities, admitting privileges, and reporting. Missouri law continues to require mandatory waiting periods, biased counseling, and ultrasounds for pregnant people seeking abortions.

In 2024, Amendment 3 will appear on the Missouri ballot, proposing to amend the state constitution to recognize reproductive freedom, including abortion care, as a fundamental right. This amendment would legalize abortion in the state up to the point of fetal viability. The amendment is a result of a petition submitted by Missourians for Constitutional Freedom, which gathered over 380,000 signatures from across the state.

The history of abortion legislation in Missouri has been dynamic. Abortion was legalized in the state after the Roe v. Wade decision in 1973, and the number of abortion clinics peaked at 29 in 1982. However, the number of clinics declined over the years, and by 2014, there was only one abortion clinic left in the state. In 2019, Missouri enacted a "fetal heartbeat" bill, which would have made abortion illegal after eight weeks, but a judge blocked this law.

Public opinion on abortion in Missouri

However, opinions vary across the state, and Missouri has been the site of anti-abortion rights violence. In 2000, Marion County witnessed such violence, and there have been several instances of arson and assault against abortion clinics and their staff.

In 2024, Amendment 3 will be on the ballot in Missouri, proposing to amend the state constitution to recognize reproductive freedom, including abortion care, as a fundamental right. This amendment has received support from a majority of voters, with a St Louis University/YouGov poll in August showing 52% in favour. This vote will be the first time in over two years that Missouri voters will have the opportunity to decide on the legality of abortion in their state.

The impact of abortion laws on access to healthcare

Missouri's abortion laws have had a significant impact on access to healthcare in the state. As of 2022, abortion is illegal in Missouri, except in cases of medical emergency, with further laws making access to abortion services difficult. This has resulted in a decline in the number of abortion clinics in the state, with only one remaining clinic as of 2020. The impact of these laws is felt not only by those seeking abortions but also by healthcare providers, who face legal and logistical challenges in providing abortion services.

The legal landscape surrounding abortion in Missouri has been shaped by both state legislation and federal court rulings. In 2019, the Missouri General Assembly passed House Bill 126, which included a "trigger ban" on abortions, to come into effect if Roe v. Wade was overturned. This occurred in June 2022, when the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization ended constitutional protections for abortion and returned regulatory power to the states. Missouri Attorney General Eric Schmitt swiftly signed a legal opinion bringing the state's trigger law into effect, banning all non-medically necessary abortions.

The impact of this trigger law was immediate and far-reaching. The sole remaining abortion provider in Missouri, Reproductive Health Services of Planned Parenthood in St. Louis, ceased offering abortions, although it continued to provide other healthcare services. As a result, individuals in Missouri seeking an abortion now face significant travel and logistical hurdles, with the nearest abortion facilities located across state lines in Illinois or Kansas. This is further compounded by Missouri's 72-hour waiting period for abortions, requiring those without the means to pay for accommodations to make the trip twice.

The legal restrictions on abortion in Missouri have also had a chilling effect on healthcare providers. Abortion providers face the risk of criminal penalties, including felony charges and the suspension or revocation of their medical licenses. This has created a climate of uncertainty and fear, with providers unsure of the legal ramifications of offering abortion services. Additionally, the web of restrictions and TRAP ("targeted regulation of abortion providers") laws in Missouri has made it challenging for clinics to maintain their licenses and provide abortion services without fear of legal repercussions.

The impact of Missouri's abortion laws extends beyond abortion access itself. According to a 2017 report, states with more restrictive abortion laws, like Missouri, tend to have fewer policies supporting women's health, maternal health, and children's health. These states also tend to resist expanding Medicaid, family leave, and sex education in public schools. As a result, Missouri has seen negative consequences for maternal and infant health, with the state ranking 42nd among US states for maternal mortality in 2018 and experiencing a rise in infant mortality rates after the overturning of Roe v. Wade in 2022.

The abortion laws in Missouri have had a profound impact on access to healthcare in the state. They have limited abortion access, created legal uncertainty for providers, and contributed to negative health outcomes for women and infants. While there are efforts to expand abortion rights in Missouri, such as the proposed Amendment 3, the road to restoring access remains challenging and fraught with legal and political obstacles.

Abortion rights protests in Missouri

Abortion rights have been a contentious issue in Missouri, with a history of protests and legal battles surrounding the topic. In 2019, several hundred protesters marched through the Country Club Plaza in response to the near-total abortion ban passed by state legislators. This ban, triggered by the Supreme Court's overturning of Roe v. Wade, made abortions illegal except in cases of medical emergency.

The state has witnessed a decline in abortion clinics over the years, with the number decreasing from 29 in 1982 to one in 2014 and, at one point in 2016, having none. The battle over abortion rights in Missouri continued with protests in 2022, following the leak of a draft opinion for the Supreme Court case Dobbs v. Jackson Women's Health Organization. This draft opinion, which was later officially adopted by the Supreme Court, stated that the Constitution does not confer any reproductive rights, overturning Roe v. Wade.

In response, abortion rights protests took place across Missouri, including in Kansas City, Springfield, Joplin, and St. Louis. One notable protest occurred at Mill Creek Park in Kansas City, where hundreds of protestors gathered, with a similar protest taking place a week later, drawing over a thousand participants. On July 10, 2022, abortion rights protesters marched onto Interstate 64 in downtown St. Louis, and a week later, they infiltrated an anti-abortion fundraiser at Lambert Airport.

The fight for abortion rights in Missouri continued into 2023, with a group of religious leaders who support abortion rights holding a march in downtown St. Louis and filing a lawsuit challenging the state's abortion ban. They argued that the law imposed certain religious beliefs, violating the Missouri state constitution. This led to another wave of protests in 2024, with Missourians For Constitutional Freedom submitting a petition with over 380,000 signatures to legalize abortion up to the point of fetal viability.

The history of abortion laws in Missouri

In the late 1960s, abortion was illegal in Missouri, with women seeking abortions facing various challenges and risks. The state law made it a felony to produce, promote, procure, or cause an abortion, and those who could not afford to pay for abortions often resorted to unsafe methods, leading to health complications and even death. The story of Judy Widdicombe, a labour and delivery nurse in a Catholic hospital, highlighted the desperation of women during this period.

Following the 1973 Roe v. Wade decision by the U.S. Supreme Court, abortion was legalized in Missouri. This led to the establishment of abortion clinics in the state, with the number peaking at 29 in 1982. However, this period also saw the rise of anti-abortion protests and violence, with the first abortion clinic in Missouri facing daily picketing and eventually being burned down in 1986.

In the following decades, the number of abortion clinics in Missouri gradually declined due to various legal challenges and restrictions imposed by the state legislature. By 2014, there was only one abortion clinic left in the state, and it faced constant threats of losing its license. The state passed several laws restricting abortion access, including the "Right to Life of the Unborn Child Act," which banned abortions unless in cases of medical emergency.

In 2019, Missouri passed a law that would make abortion illegal in almost all cases after eight weeks, known as the "fetal heartbeat bill." This law was blocked by a judge in 2019 but came into effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade. As a result, abortion became illegal in Missouri, except in cases of medical emergency.

The battle for abortion rights in Missouri has been ongoing, with reproductive rights advocates continuously challenging restrictive laws and working to ensure access to safe and legal abortions. The future of abortion access in the state remains uncertain, with initiatives such as Amendment 3 aiming to legalize abortion up to the point of fetal viability scheduled to appear on the ballot in 2024.

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