JEFFERSON CITY, Mo. (KFVS) – As Missouri voters are likely on track to vote on a constitutional amendment to enshrine the right to abortion, the state’s leading anti-abortion organization, Missouri Right to Life, has made claims about the resolution’s impact which legal experts refute as “untrue.”

The referendum would re-establish an individual’s right to receive abortion care up to a certain point. It also, ”require[s] the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care.”

This part of the amendment, Missouri Right to Life President Susan Klein said, would effectively block any lawsuit against an abortion provider for malpractice or negligence.

“It basically takes away the right to sue an abortionist, the right to sue a human trafficker, the right to sue the perpetrator of incest,” Klein said.

Former Missouri Supreme Court chief judge Mike Wolff said these claims are all based on extremely loose, and wildly exaggerated legal opinions with no basis in actual law.

“It would have no effect whatsoever,” Wolff said. “We would essentially be back to where we were with Roe versus Wade. If there was a malpractice committed in the course of giving medical care of any kind, Roe versus Wade did not protect the doctor or the hospital or anybody else from liability in a malpractice action.”

As for Klein’s claims about human trafficking and incest, Wolff said there’s absolutely nothing in the amendment that would affect how those crimes are prosecuted in the state of Missouri.

“There’s nothing in here that makes what is criminal behavior, rape, incest, that kind of thing, to be protected in any way,” Wolff said. “There’s nothing in here about that.”

A key section of the referendum says that any restrictions on abortion will be “presumed invalid” unless a court can prove they are medically necessary for safety.

“This is like turning the presumption of innocence in criminal cases into a presumption of guilt until proven innocent,” Missouri Right to Life attorney James Coles said in a legal analysis. “It represents another new barrier to defending the validity of abortion statutes in the courts.”

On this one, Wolff agrees, given that’s precisely the point of the initiative: to establish that abortion is not a crime and that it should be the state’s burden to prove the necessity of a restriction.

“So, if the legislature tries to impose additional restraints on this, [it would] have to show that they’re necessary to protect a person’s safety and some of the examples that you can come up with would just be absurdly unrelated to patient safety.”

The Missouri Secretary of State’s office has until August 13 to determine whether enough valid signatures were collected to put this, and other questions, on the November 5 ballot.

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(Jefferson City, MO) – Gov. Mike Parson has less than two weeks to take action on the rest of the bills Missouri lawmakers passed this year. Here’s a list of some key bills awaiting a decision from the governor:

Crime package
Senate Bill 754, sponsored by Sen. Tony Luetkemeyer, R-Parkville, includes “Blair’s Law,” which would create a criminal offense for firing gunshots in the air to celebrate. Another provision, called Max’s Law, would increase the punishment for harming or killing law enforcement animals.

The plan would increase the minimum age from 12 to 14 years old for a minor to be charged as an adult for any felony. It would also create the offense of aggravated fleeing a stop or detention of a vehicle if a person flees at high speed, knowing that a law enforcement officer is attempting to detain the person.

Fix to senior citizen property tax relief bill
Another major bill awaiting action is a fix to a senior citizen property tax relief bill passed in 2023. Current state law allows Missouri counties to stop property tax increases for homeowner taxpayers who are eligible for Social Security benefits.

Senate Bill 756, sponsored by Sen. Tony Luetkemeyer, R-Parkville, would clarify that eligible homeowners must be 62 or older to qualify.

The reason for the proposed change is because questions have been raised about whether certain seniors are excluded, including Missouri teachers and firefighters, who participate in a state pension plan instead of Social Security.

Military-friendly bill
Senate Bill 912, sponsored by Sen. Ben Brown, R-Washington, would allow a full state tax deduction for military and National Guard enlistment and re-enlistment bonuses; make it easier for veterans to get a handicap placard for their vehicle; cover the cost of military specialty license plates for veterans; require the Missouri Veterans Commission to work with the Department of Mental Health to find ways to fight veteran suicide, and award National Guard members and veterans who served on active duty from 2001 to 2021.

340B program
The Missouri Legislature has given its blessing to a proposal that aims to increase access to discounted drugs for uninsured and low-income patients. Senate Bill 751 would put a stop to pharmaceutical companies restricting 340B drug discount contracts between Missouri hospitals, healthcare centers, and local pharmacies. Sen. Justin Brown, R-Rolla, is the bill sponsor. Rep. Tara Peters, R-Rolla, carried the bill in the House.

Ban on local governments delaying evictions
House Bill 2062 would prevent Missouri cities and counties from enforcing eviction delays unless authorized by state law. A main provision would crack down on people illegally occupying homes and other residential properties.

The bill is sponsored by Rep. Chris Brown, R-Kansas City. His bill was inspired by a federal eviction freeze imposed by the Centers for Disease Control and Prevention during the COVID-19 pandemic. The federal move resulted in financial hardships for property owners. But after the U.S. Supreme Court invalidated the federal move, St. Louis and St. Louis County implemented local eviction moratoriums.

Parson has until July 14th to sign bills into law or veto them. Any left unsigned will automatically become law.

All new laws in Missouri take effect August 28th unless otherwise mandated.

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