Missouri judge rewrites description of Secretary of State’s abortion rights proposal

The campaign to ask Missouri voters to re-legalize abortion has won another legal battle, with a Cole County judge finding that Missouri Secretary of State Jay Ashcroft’s language describing the abortion rights proposal is “unfair, inaccurate, insufficient and misleading.”

Missourians for Constitutional Freedom is suing Ashcroft over language voters will see at the polls in November when they are asked to overturn the state’s nearly total abortion ban.

In his statement, Ashcroft said a “yes” vote would establish a right to abortion “at any point in pregnancy,” prohibit abortion laws “intended to protect women,” and prevent legal action “against anyone who performs an abortion and harms or kills pregnant women.”

Tori Schafer of the ACLU said the group wants to see an accurate reflection of what the proposal is intended to achieve — unlike the wording used by the Secretary of State.

“Our language, in the constitutional amendment, clearly includes regulations to protect patient health and safety. This is an issue that we’ve really, really argued before. The Court of Appeals found that the amendment includes regulations, so their argument is without merit,” Schafer said.

Amendment 3 would allow abortion, but it would also give state lawmakers some say in regulating abortions after the point in pregnancy when the fetus is likely to survive outside the womb. A fetus has a lifespan of about six months.

Andrew Crane of the Missouri Attorney General’s Office said the Secretary of State’s language accurately describes the consequences of the proposed changes. Crane argued in court this week that Amendment 3 would “castrate” the government’s ability to enforce any “effective” abortion laws.

Susan Klein of Missouri Right to Life agrees with Ashcroft’s formulation.

“This strips the legislature of any protection for women’s rights because the amendment clearly states that a woman’s right to an abortion cannot be limited in any way,” Klein said.

Judge Cotton Walker, a Republican, changed the rule’s language because he found Ashcroft’s version violated state law.

Walker said a yes vote “establishes a constitutional right to make decisions about reproductive health care, including abortion and contraception, with any government interference with that right being void; repeals Missouri’s abortion ban; permits the regulation of reproductive health care to improve or maintain the health of the patient; requires that the government not discriminate in government programs, funding, or other activities against persons providing or obtaining reproductive health care; and permits the restriction or prohibition of abortion after the fetus is viable except when necessary to protect the life or health of the woman.”

The abortion proposal returns to court Friday. A group of anti-abortion activists and lawmakers have filed a lawsuit alleging the ballot measure violates the state constitution because it covers more than one topic and does not specify which laws and regulations would be repealed if approved. The case will be heard in Cole County Circuit Court.