Missouri Abortion Law: Understanding The Complex Legal Landscape

Missouri's abortion law, which came into effect in June 2022, bans nearly all abortions except in cases of medical emergencies, with no exceptions for rape or incest. The law was enacted following the U.S. Supreme Court's decision to overturn Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Missouri's abortion law is one of the strictest in the country, and voters will have the opportunity to decide on whether to amend the state's constitution to protect reproductive freedom in 2024.

Missouri's trigger ban

Missouri's abortion trigger ban, or the "Right to Life of the Unborn Child Act", was passed in 2019 and enforced on June 24, 2022, following the U.S. Supreme Court's decision to overturn Roe v. Wade. The law bans all abortions except in cases of medical emergency or to save the life of the pregnant person. Missouri's Attorney General, Eric Schmitt, was quick to release a legal opinion implementing the abortion ban, stating that it was a "monumental day for the sanctity of life".

The trigger ban prohibits abortions at all stages of pregnancy, even in the first few weeks before many people are aware they are pregnant. The only exception to this ban is a "medical emergency" that threatens the pregnant person's life or creates a serious risk of substantial and irreversible physical impairment. The law does not make exceptions for cases of rape or incest and specifically bans abortions based on the fetus's sex, race, or a diagnosis of Down Syndrome.

Under the Missouri law, those who perform or induce an abortion are subject to a class B felony, punishable by 5 to 15 years in prison, as well as the suspension or revocation of their professional license. However, the law does not criminalize the person upon whom the abortion is performed, and they will not be prosecuted.

The trigger ban has shifted the battleground for reproductive rights in Missouri, with lawmakers debating how far to go in eliminating abortion access and considering whether to punish those who help Missouri residents obtain abortions out-of-state. In 2024, voters will have the opportunity to decide on Amendment 3, which proposes amending the state constitution to recognize reproductive freedom, including abortion care, as a fundamental right.

Gestational bans

Missouri's abortion laws are among the most restrictive in the United States. The state has a history of enacting laws that limit or prohibit abortion access, and these laws have only become more stringent in recent years.

Missouri retains gestational bans at eight weeks LMP (last menstrual period). This ban is currently enjoined, meaning it is not currently in effect but could be enforced in the future. The state also has a ban on abortions after viability, which is generally considered to be between 24 and 26 weeks LMP.

The concept of viability is crucial in abortion legislation. It refers to the point at which a foetus can survive outside the uterus. Many statutory bans, including Missouri's, use this concept to define the limits of abortion access. The specific timeframe for "viability" can vary and may be subject to interpretation or the judgment of the abortion provider.

Gestational duration is another critical factor in abortion laws. This refers to the length of time a person has been pregnant, typically calculated from their LMP. State legislation often uses gestational duration to set arbitrary timelines for abortion bans and restrictions. Missouri's gestational ban at eight weeks LMP falls within the timeframe of similar bans in other states, which range from six to twelve weeks.

It is important to note that Missouri's abortion laws do not include express constitutional or statutory protections for abortion. On the contrary, the state's policy preference is to ban abortion "to the fullest extent of the law." This stance is reflected in the "Right to Life of the Unborn Child Act," which states that life begins at conception and that Missouri seeks to defend the right to life of all humans, born and unborn.

In summary, Missouri's gestational bans at eight weeks LMP and after viability are part of a broader effort to restrict abortion access in the state. These bans align with the state's policy preference to prohibit abortion as much as possible under the law. While the eight-week ban is currently enjoined, it serves as a reminder of the fragile nature of abortion rights in Missouri and the potential for further restrictions in the future.

Public funding and private insurance

Missouri's abortion law, which bans nearly all abortions except in cases of medical emergencies, with no exceptions for rape or incest, was put into effect in June 2022 after the U.S. Supreme Court overturned Roe v. Wade. The law includes prohibitions on public funding and private insurance.

Public funding for abortions is prohibited in Missouri under Mo. Rev. Stat. § 188.205. This means that state funds cannot be used to pay for abortions, except in cases of medical emergency. The prohibition on public funding makes it more difficult for low-income individuals to access abortion services, as they may not be able to afford the full cost of the procedure. To address this issue, organisations like the Missouri Abortion Fund (MoAF) provide financial assistance to Missouri residents who cannot afford the full cost of abortion care. Since 2016, MoAF has provided over $1.3 million in abortion care for over 7,000 Missourians.

In addition to public funding restrictions, Missouri's abortion law also prohibits private insurance coverage for abortions under Mo. Rev. Stat. § 376.805. This means that individuals seeking an abortion cannot use their private health insurance to cover the cost of the procedure. This restriction further limits access to abortion services, as individuals must pay out of pocket for the full cost of the procedure.

The prohibitions on public funding and private insurance coverage for abortions in Missouri are part of the state's broader effort to restrict abortion access and protect the right to life of unborn children. However, in 2024, voters will have the opportunity to amend the Missouri Constitution to protect reproductive freedom, including abortion care, as a fundamental right. This proposed amendment, known as Amendment 3, would nullify any law that restricts abortion before fetal viability, which is typically around the 24th week of pregnancy.

Parental consent

Missouri passed a parental consent law in the early 1990s, which impacted when minors sought abortions, resulting in an increase from 19% to 22% for abortions sought after 12 weeks. The law requires both parents, a legal guardian, or a judge to consent to a minor's abortion. If a parent consents, that parent is required to notify the other parent.

Amendment 3, which will appear on the Missouri ballot in November 2024, seeks to legalize abortion until the point of fetal viability, currently about 24 weeks, and protect other reproductive rights. Opponents of Amendment 3 argue that it would eliminate parental notification or consent, as the vague term "person" could mean anyone under 18 could have an abortion or make any other reproductive decision without their parents' consent. However, proponents of the amendment counter that it will not change Missouri's existing standards requiring parental/guardian consent for medical treatment or procedures. They argue that the amendment ensures these important healthcare decisions remain with families and their doctors, rather than politicians.

Amendment 3

Missouri Amendment 3, also known as the Right to Reproductive Freedom Initiative, is a ballot measure that will appear on the Missouri ballot on November 5, 2024. This amendment seeks to amend the Missouri Constitution to provide a right to reproductive freedom, which includes abortion care and "all matters relating to reproductive health care."

The specific provisions of Amendment 3 include:

• Establishing the right to make decisions about reproductive health care, including abortion and contraceptives, with any governmental interference presumed invalid.
• Removing Missouri's ban on abortion.
• Allowing the regulation of reproductive health care to improve or maintain the health of the patient.
• Requiring the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care.
• Allowing abortion to be restricted or banned after fetal viability, except to protect the life or health of the pregnant person.

The amendment defines fetal viability as "the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures."

The impact of Amendment 3 will be to nullify Missouri's current abortion law, which bans abortions except in cases of medical emergencies. The amendment will also safeguard other reproductive rights, such as access to in vitro fertilization and birth control.

Supporters of Amendment 3 argue that it will end Missouri's "cruel and total abortion ban" and give Missourians the freedom to make their own personal health decisions without interference from politicians. They believe that the decision to have an abortion should be a personal choice made by individuals, their families, and their healthcare providers.

However, opponents of the amendment have launched a misinformation campaign, claiming that it would permit abortions in the ninth month of pregnancy and allow gender-affirming care for minors, even though the amendment does not mention gender-affirming care. The opponents are trying to capitalize on Missourians' opposition to gender-affirming care and combine it with the abortion issue to confuse voters and build a broader base against the amendment.

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