The court “conclude[d] that both statements fail to sufficiently advise voters that HJR 73, if enacted, would repeal and replace article I, section 36, as well as inform voters of its additional effects.”
Kansas City – A panel of judges at the Missouri Court of Appeals Western District found ballot language from both the Legislature and Secretary of State insufficient for failing to inform voters that the anti-abortion Amendment 3 would repeal and replace the Right to Reproductive Freedom that Missourians approved in 2024.
“With bills filed already threatening prosecution against providers and patients, it is crucial that Missourians know they are being asked to end the protections for reproductive health care that we just passed in the last general election,” said Tori Schafer, Director of Policy and Campaigns at the ACLU of Missouri. “This amendment 3 not only imposes strict bans on health care for Missourians but allows the anti-abortion politicians to impose similar restrictions on abortion that prevented access to care.”
The court recognized the potential impacts of Amendment 3, passed as HJR 73, stating, “HJR 73 eliminates the fundamental right as established by [the Right to Reproductive Freedom Initiative], and, in its place, places more limitations on the circumstances under which an abortion may be performed and allows the General Assembly to enact laws broadly regulating abortions, abortion facilities, and abortion providers.”
The court rewrote both the summary statement that voters will see on the ballot and the fair ballot language which informs voters of what a yes and no vote will mean.
The court certified the following summary statement:
Shall the Missouri Constitution be amended to:
Repeal the 2024 voter-approved Amendment providing reproductive healthcare rights, including abortion through fetal viability;
Allow abortions for rape and incest (under twelve-weeks’ gestation),emergencies, and fetal anomalies;
Allow legislation regulating abortion;
Ensure parental consent for minors’ abortions;
Prohibit gender transition procedures for minors?
The court certified the following fair ballot language:
A “yes” vote will repeal Article I, Section 36, of the Missouri Constitution approved by the voters in 2024 which provided reproductive healthcare rights, including abortion through fetal viability; continue to ensure women’s ability to access medical care for medical emergencies, ectopic pregnancies, and miscarriages; allow legislation to regulate abortion providers and facilities to ensure health and safety; require informed and voluntary consent for an abortion, including parental or judicial consent for minors; allow restriction of abortions to cases of medical emergency, rape and incest under twelve weeks gestation, and fetal anomalies; prohibit public funding of abortions except in limited circumstances; and prohibit gender transition procedures for minors including gender transition surgeries, cross-sex hormones or puberty-blocking drugs, with exceptions for specific medical conditions.
A “no” vote will leave Article I, Section 36, of the Missouri Constitution approved by voters in 2024 in place; will not limit abortion to cases of medical emergency, rape and incest under twelve weeks gestation, and fetal anomalies, but leave access to abortion available through fetal viability; will not prohibit gender transition procedures for minors.
If passed, this measure will not increase or decrease taxes.
The ACLU of Missouri and Stinson LLP filed the lawsuit against the Secretary of State in July of 2025.
Read full decision.