April 5, 2024

Panel approves locking abortion ban into state constitution

CREDIT: Missouri House Democratic Weekly

The House General Laws Committee on April 3 voted 10-5 in favor of a proposed constitutional amendment to make it a felony to perform or induce an abortion in nearly all circumstances and prohibit future lawmakers from enacting exceptions without voter approval. The measure passed on straight party lines with Republicans in support and Democrats opposed.

House Joint Resolution 131 would constitutionally prohibit abortion “from the moment of conception” except in cases of medical emergency when a pregnant woman is at “serious risk of substantial and irreversible physical impairment of a major bodily function” or to avert death. HJR 131 would provide no exceptions for pregnancies resulting from rape or incest. Violation of the measure would be a felony punishable by between five and 15 years in prison.

HJR 131 mirrors Missouri’s existing statutory ban on abortion. However, enshrining the ban in the state constitution would prohibit lawmakers from later repealing or relaxing restrictions without asking voters to ratify another amendment. Instead of informing voters of its intent to constitutionally ban abortion rights, HJR 131’s ballot language deceptively says it would “guarantee that abortion laws protect a pregnant mother from serious risk to life or physical health.”

If approved by the legislature, HJR 131 automatically would go on the Nov. 6 statewide ballot where it likely would compete with a rival constitutional amendment seeking to protect reproductive rights, including abortion and access to contraception. An initiative petition to put the abortion rights measure to a statewide vote is currently being circulated and is expected to be submitted by the early May deadline for qualifying for the fall ballot.

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