Missouri lawmakers move to repeal abortion protections enacted by voters
Missouri lawmakers passed a voter referendum Wednesday that, if approved, would repeal protections for abortion rights and restore a ban on nearly all abortion care in the state.
The move comes just six months after Missouri voters approved an amendment enshrining the right to reproductive freedom, including abortion care, in the state constitution, effectively overturning a near-total abortion ban that was in effect. A circuit court affirmed the right to reproductive freedom in December.
The bill now heads to the governor's desk, but does not need his signature to appear on a ballot.
The initiative will appear on the November 2026 ballot unless Gov. Mike Kehoe calls a special election sooner than that.
If it passes, HJR 73 would prohibit abortions, except in cases of medical emergencies, fetal anomalies, rape or incest. If the abortion is due to rape or incest, it must occur no later than 12 weeks' gestation, according to the bill.
"Senate Republicans are overturning the will of the voters and pushing to bring an Abortion Ban back to Missouri," Missouri Senate Democrats wrote in a post on X Wednesday evening. "This new ballot item will ban abortion and take away a right that voters secured just six months ago."
If approved, the amendment would also permit state lawmakers to enact legislation to regulate abortions and access to care.
"These laws shall include, but not be limited to, laws requiring physicians providing abortion care to have admitting privileges at a nearby hospital; laws requiring facilities where abortions are performed or induced to be licensed and inspected for clean and safe conditions and adequate instruments to treat any emergencies arising from an abortion procedure; laws requiring physicians to perform a sufficient examination of the woman to determine the unborn child's gestational age and any preexisting medical conditions that may influence the procedure; and laws requiring ultrasounds to be performed only by physicians or licensed medical technicians," the bill states.
State Sen. Adam Schnelting, who sponsored the bill, did not immediately return ABC News' request for comment.
Anti-abortion right groups praised the bill, claiming it will "save lives."
"We applaud the Missouri legislature for passing this pro-life amendment to save lives, protect parents' rights, and safeguard women and girls," Marjorie Dannenfelser, president of the anti-abortion rights group Susan B. Anthony (SBA) Pro-Life America, said in a statement. "We call on Missouri GOP leaders in Washington and across the state to offer their strong, vocal support of this measure."
Since Roe v. Wade was overruled by the Supreme Court in June 2022, 12 states have ceased nearly all abortion services while four states have a six-week ban on books, according to an ABC News tally.
Following the Supreme Court decision, Missouri enacted a trigger law banning most abortions in the state.
However, Amendment 3, which enshrined abortion rights in the state constitution, passed in November 2024 with 52% of voters in favor of the amendment.
Anti-abortion advocates, such as SBA, have argued that Amendment 3 is extreme and goes beyond what Missourians have supported.
Abortion Action Missouri, the group that supported Amendment 3, released a statement on Wednesday criticizing lawmakers for attempting to reinstate an abortion ban.
"Missourians support access to abortion. This past November more than 1.5 million Missourians made their voices heard at the ballot box -- voting to enshrine abortion rights into the Missouri constitution," Mallory Schwarz, executive director of Abortion Action Missouri, said. "And right now, thanks to Missourians, abortion is legal and available for the first time in years. Despite this, today anti-abortion politicians passed HJR 73, showing us they think Missourians are disposable. We know the truth -- Missourians are used to fighting back and are prepared to keep showing up. In the past 4 months, thousands of Missourians have shown up over and over again to defend the will of the people. Do not underestimate their determination."
