Abortion rights are on the ballot in Missouri on Nov. 5 in the form of Amendment 3 , which would enshrine the right to abortion and other reproductive health care in the state’s constitution.
We’ve heard from readers wondering how exactly the amendment would impact factors like parental consent and gender-affirming health care, and what fetal viability means in context of the amendment. The Star dug into these questions and more.
Have more questions ahead of Election Day? Send them to the Service Journalism team at kcq@kcstar.com .
Is this a yes or no vote only?
Yes. Missourians will only be able to vote yes or no on Amendment 3.
A “yes” vote supports restoring the right to abortion in Missouri and enshrining protections for reproductive health care in the state’s constitution, making them harder to overturn through legislation in the future.
A “no” vote opposes the amendment, keeping the state’s near-total ban on abortion intact.
At what week is fetal viability?
Amendment 3 would allow Missouri to restrict or ban abortion after fetal viability, “except to protect the life or health of the woman.”
Missouri law currently doesn’t set a specific cutoff week to determine fetal viability. Viability is described in state statutes as “that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.”
This definition leaves the exact time frame open to interpretation, although medical professionals believe viability begins around 24 to 25 weeks into a pregnancy.
If the amendment passes, will minors need parental approval to receive an abortion?
If abortion becomes legal again in Missouri, the laws that governed it before the state’s 2022 trigger ban would still be on the books. This includes state statutes that required minors to get parental permission or a court order before obtaining an abortion unless they are legally emancipated.
However, these laws could be challenged in court if Amendment 3 passes. That’s because the amendment would ban government interference in the right to make decisions about reproductive health care.
If the law is challenged, it would be up to a judge to decide whether requiring parental approval or a court order constitutes government interference in decisions about this care.
Does this amendment give any legal status to fetuses?
Amendment 3 does not specifically change the legal status of fetuses, which under Missouri law are technically classified as human beings . The statute was found in a 1989 court case not to regulate abortions, instead serving as a “value judgment.”
It’s not yet known what potential impacts Amendment 3’s adoption would have on this statute, if any. Any court cases attempting to restrict abortion in the state, including those using an argument of “fetal personhood,” could be more difficult to win if the state’s constitution protected the right to abortion from government interference.
Will transgender surgeries for minors be allowed and covered by insurance if (this amendment) passes?
No. Amendment 3 has nothing to do with gender-affirming health care for minors or adults. It would not change the way Missouri regulates this care or the insurance that covers it.
Missouri Sen. Josh Hawley, who is running for reelection in November, claimed in early September 2024 that the amendment is broadly worded enough to include gender-affirming surgeries in its definition of reproductive health care. However, experts say this interpretation is overly broad and unrealistic.
Conservatives like Hawley have a track record of linking the two issues together — in part because the majority of Missourians support abortion access but believe that gender-affirming health care should be restricted for minors. However, there’s no evidence that Amendment 3 would have any impact on the latter issue.
Local News
