Missouri's Abortion Ban: What's The Current Status?

Abortion laws in the United States have been a topic of much debate and controversy, with states having varying stances on the issue. In Missouri, abortion rights have been restricted for years, and in 2022, the state enacted a trigger law that effectively banned abortion following the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade. This law, known as HB126, was signed by Missouri Attorney General Eric Schmitt and bans all non-medically necessary abortions. With the Supreme Court's decision, the fate of reproductive rights is now left to individual states. While there have been legal challenges and proposed amendments to restore abortion access in Missouri, the state currently maintains its strict abortion ban.

The trigger law

Missouri's "trigger law" is a ban on abortions that was designed to be enacted if the Supreme Court ruled that abortion was not a constitutional right. The law was passed in 2019 as part of a broader abortion bill, HB 126, and it contains no exceptions for rape or incest. The trigger law stipulates that a woman getting an abortion cannot be charged, but it is unclear if this applies to self-induced medication abortions.

The law was tacked onto another bill as an amendment. That bill was a ban on abortions at eight weeks. With the Supreme Court's decision to overturn Roe v. Wade, that eight-week ban became null and void, and any abortion in the state of Missouri is now illegal regardless of how far along the pregnancy is.

Missouri is one of more than a dozen states with so-called trigger laws, and it was the first state to effectively end abortion following the Supreme Court's ruling.

Medical emergencies

Missouri's abortion "trigger ban" came into effect on June 24, 2022, when the state's Attorney General, Eric Schmitt, signed a legal opinion in response to the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization. This effectively banned all non-medically necessary abortions in the state.

The only exception to the abortion ban is a "medical emergency". This is defined on page 5 of the bill as:

> "A condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman."

This means that abortions are only permitted in two scenarios: when there is a risk of the patient's imminent death, or when there is a risk of the destruction of a "major bodily function" if the pregnancy continues.

It is not yet clear how doctors or prosecutors will interpret the definition of "physical impairment", and whether mental health reasons could constitute a medical emergency. However, it is known that the impairment must be "physical" in nature.

It is also important to note that while the law stipulates that a woman undergoing an abortion cannot be prosecuted, it is unclear if this applies to self-induced medication abortions.

Self-induced abortions

As of 2022, abortion in Missouri is illegal except in cases of medical emergency. This was the result of the US Supreme Court's decision to overturn Roe v. Wade, which had previously declared that a woman has a constitutional right to terminate a pregnancy before the point of viability.

The state's "trigger law", HB126, bans all non-medically necessary abortions. The law makes no exception for rape or incest. Its only exceptions are for medical emergencies that threaten the life of the pregnant person or create a serious risk of substantial and irreversible physical impairment.

The law only applies to abortion providers, who may have their medical licenses suspended or revoked. However, it is unclear if a woman who self-induces an abortion through medication can be prosecuted.

> If a woman, for example, induced an abortion herself by taking an abortion-inducing drug, it’s not clear under the statute that she couldn't be prosecuted. – St. Louis University law professor Marcia McCormick

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.

The impact on contraceptives

The impact of Missouri's anti-abortion laws on contraceptives is a complex issue that has been the subject of much debate and discussion. While the laws do not explicitly ban contraceptives, there has been uncertainty and concern about their accessibility and legal status.

Firstly, it is important to note that Missouri's trigger ban on abortions, which went into effect after the Supreme Court overturned Roe v. Wade, does not directly mention or ban contraceptives or emergency birth control methods. The law only addresses measures to end a pregnancy, not prevent it. This means that contraceptives like birth control pills, IUDs, and emergency contraceptives like the "morning-after pill" are not explicitly prohibited.

However, the impact of the abortion ban on contraceptive access and availability cannot be overlooked. Some local hospitals and healthcare providers in Missouri have reviewed and changed their prescribing policies due to the new law. For example, Saint Luke's Health System initially stopped offering emergency contraception due to the potential legal risk but reversed its decision within 24 hours after receiving assurances from the state Attorney General's office. This incident caused concern among residents, with some expressing worries about access to emergency contraception and other forms of birth control.

Planned Parenthood, a reproductive health organization, has affirmed that doctors in Missouri can still legally prescribe birth control to patients seeking to prevent pregnancy. They have stated that their clinics continue to provide family planning services, including birth control prescriptions, as they did before the abortion ban. Additionally, emergency contraceptives are readily available over-the-counter in pharmacies around the state, including in Kansas City and other areas near the Kansas border.

While the current impact on contraceptives seems minimal, there is still uncertainty about how the law will be interpreted and enforced in the future. Some lawyers and legal experts believe that the law could be interpreted to criminalize certain forms of birth control. There is also a possibility that more restrictive laws targeting family planning methods could be passed by the state legislature in the future. However, as of now, the U.S. Constitution protects the right to birth control under Griswold v. Connecticut, so any attempts to ban it would likely face legal challenges.

In summary, while Missouri's abortion ban does not explicitly prohibit contraceptives, it has caused uncertainty and concern about their accessibility. Hospitals and healthcare providers are navigating the new legal landscape, and residents are seeking clarity on the impact of the ban on their reproductive rights. For now, birth control and emergency contraception remain legal and accessible in Missouri, but the future of these vital services remains uncertain.

Public opinion

In 2022, Missouri's trigger law, which bans all abortions except to save the life of the pregnant person, went into effect following the U.S. Supreme Court's decision to overturn Roe v. Wade. This law reflects the views of a significant portion of Missouri's population, as demonstrated by the poll results mentioned earlier.

However, there is also strong support for reproductive rights in the state, as evidenced by the proposed Amendment 3, which aims to amend the Missouri Constitution to protect reproductive freedom, including abortion care. This amendment will appear on the ballot in November 2024, and recent polls suggest that it is likely to pass, with 52% of voters expressing support.

The presence of conflicting opinions and strong feelings on abortion in Missouri is further highlighted by the actions of abortion opponents, who have launched a last-minute campaign to undermine support for Amendment 3. They have invested over $1 million in spreading misinformation and combining issues, such as gender-affirming medical care and abortion, to confuse voters and build opposition to the amendment.

In summary, while Missouri's trigger law banning abortions reflects the views of a significant portion of the state's population, there is also considerable support for reproductive rights, as evident by the proposed Amendment 3 and recent polls indicating its potential passage. The state's residents will have the opportunity to express their opinions further during the November 2024 vote on Amendment 3.

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