Judge considers lawsuit over 2026 abortion ballot measure
COLUMBIA, Mo. (KMIZ) -
A Cole County judge is now considering a challenge to language used for a 2026 ballot measure on reproductive healthcare.
The ACLU and other groups sued the state in July over the passage of House Joint Resolution 73. The measure passed in May and puts a question on the ballot in 2026, which will show up as Amendment 3, to overturn the constitutional protections voters approved in 2024 for procedures like abortions.
The lawsuit claims the General Assembly and Secretary of State Denny Hoskins's office tried to "logroll" multiple issues into the ballot issue - namely, a line in the ballot language that tells people that voting "yes" on the measure will "protect children from gender transition by prohibiting certain medical procedures and medications for minors, with exceptions for specific medical conditions."
The ACLU said in an emailed statement on Wednesday that those suing want Judge Daniel Green to either stop the measure from appearing on the ballot or "give Missourians fair and accurate ballot language that truthfully describes the consequences of this Amendment."
Attorney Chuck Hatfield wrote in his summary brief that adding the gender transition procedure part violated the state constitution's single-subject rule.
"Among other things, the General Assembly chose not to even tell voters that they are being asked to repeal the constitutional amendment they just adopted," Hatfield said. "The Secretary followed suit and prepared similarly misleading and insufficient fair ballot language. The summary statement and fair ballot language violate numerous well-established principles."
The lawsuit over HJR 73 is yet another legal battle between abortion advocates and the state in light of Amendment 3's passage in 2024. Planned Parenthood and the Attorney General's Office will argue on September 10 over a Jackson County judge's ruling to block many of Missouri's abortion laws.
Solicitor General Louis Capozzi referenced this fight in his brief in the HJR 73 case, saying the summary statement on the ballot gives voters enough information to decide on what to do about it. Capozzi also said the issue of gender transition surgeries is related to what he calls the overall topic of HJR 73, which is reproductive health care.
"The general prohibition on gender-transition surgeries is 'connected with' that subject because such treatments typically sterilize children—making them incapable of reproducing," Capozzi wrote. "Banning such procedures thus significantly affects reproductive health."
Judge Green will make a decision on the issue at a later date.
