The first state to ban abortion after the fall of Roe v. Wade just became the first state to have a near-total abortion ban reversed by popular vote.
The people of Missouri voted on Tuesday to create a constitutional right to “reproductive freedom”—defined as the ability to make and carry out one’s own decisions about abortion, birth control, and health care during pregnancy—approving Amendment 3 by almost 54 percent of the vote as of 11:30 p.m. Central Time, according to the Associated Press.
Amendment 3 was part of a nationwide effort by reproductive rights groups to use ballot initiatives to restore abortion rights state by state after the Supreme Court wiped out the national right to abortion. On Election Day this year, 10 states voted on abortion rights ballot measures.
In deep-red Missouri, where the state government is controlled by avowed abortion foes, even getting this initiative before voters was a feat. Republican state officials repeatedly threw up barriers to the process of certifying the ballot language and gathering signatures, leading to a series of bitter legal battles that all, ultimately, were decided in favor of abortion rights advocates. As Mother Jones reported last week:
Amendment 3’s proponents, a coalition known as Missourians for Constitutional Freedom, have traveled a rocky road just to get the measure before voters. They’ve overcome blatant obstruction by top state GOP officials, multiple legal challenges, and deep internal divisions over whether the initiative should allow the state to ban abortions after fetal viability. The final text protects abortion rights until viability, and permits later abortions if needed to protect the life or health of the pregnant person.
The new constitutional amendment now sets up a legal challenge to Missouri’s abortion ban as well as to the constellation of restrictions that made getting an abortion almost impossible in the state even before the fall of Roe. As I wrote last year:
The reality is that, even before Dobbs, abortion access in Missouri was close to nil. The legislature had passed too many burdensome and medically unnecessary rules designed to be impossible for abortion clinics to comply with. In the years prior to Dobbs, the only clinic still offering abortions was a Planned Parenthood location in St. Louis, which performed about 100 abortions annually. “Many, many Missourians for years now have gone to Kansas or Illinois to access care, because the states had fewer restrictions,” explains Emily Wales, CEO of Planned Parenthood Great Plains, which stopped offering abortions at its Missouri locations in 2018.
In this environment, the success of the initiative shows the enduring power of abortion rights as a motivation for voters—and their enduring anger against deadly laws that curb pregnant people’s power to control their bodies and their futures.
