Senate committee approves ballot measure to overturn Amendment 3

JEFFERSON CITY, Mo. (KMIZ)

A Missouri Senate committee has approved putting a ballot measure before voters that would overturn Amendment 3.

House Joint Resolution 73 has already been approved by the full House. Voters approved Amendment 3, which established reproductive health care -- including abortion -- as a constitutional right in last November's election.

The bill was presented Wednesday in the Senate's Families, Seniors and Health Committee. The committee heard testimony from members of Missouri Right to Life and Abortion Action Missouri, as well as Missouri medical workers and clergy members in support and opposition to the ballot measure.

Those in favor of the resolution argue that the wording of Amendment 3 in 2024 was misleading and left openings for medical malpractice, late-stage abortions, and transgender care that voters didn't see.

"HJR 73 is not about perfection, it's about doing what we can to present voters with a viable option that isn't hidden behind slick marketing campaigns," bill handler Rep. Brian Seitz (R-Branson) said. "HJR seeks to protect women, children and innocent life."

While the text of Amendment 3 does mention that people assisting someone getting an abortion, like medical professionals, are protected from being penalized or prosecuted, there is no mention of medical professionals being protected in cases of malpractice.

Those opposed disagree and say Amendment 3's wording was clear and that the mentioned claims were false.

"I am asking you to believe the nearly 52% of voters in the state of Missouri who voted for abortion to be legal in this state," St. Louis OBGYN Christine Jackson said. "I'm asking you to do the job of the people of Missouri elected you to do, to listen to them and to believe them when they say they know what they voted for."

If passed, the question will be placed on the ballot in 2026.

HJR 73 would also add exceptions back to the bill text, only allowing abortions up to 12 weeks in in cases of rape, incest and medical emergencies and when there is a fetal anomaly.

While the initial text for Amendment 3 does not have named exceptions like HJR 73, under Amendment 3, "the general assembly may enact laws that regulate the provision of abortion after Fetal Viability."

"There was a lot in Amendment 3 and the voters were given one choice, they could vote yes, they could vote no," committee member Sen. Brad Hudson (R-Cape Fair) said. "Many voters have expressed a desire to have another option to clarify what they want to see in the Missouri Constitution."

Abortion Action Missouri Director of Policy and spokesperson Maggie Olivia argues that the additions of exceptions were more symbolic, adding that most exceptions are difficult for someone to qualify.

"So-called exemptions to abortion bans work in name only and not in practice," Olivia said. "They have added so-called exceptions in order to try to make that abortion ban seem more palatable, not in order to provide access to care for survivors."

The committee approved the bill 4-2 and it will now head to the Senate floor.