September 17, 2024
JEFFERSON CITY, Mo. — The Missouri Supreme Court ruled Tuesday afternoon, Sept. 10, that Amendment 3, which would codify expansive abortion rights within the Missouri Constitution, must be placed on the state ballot on Nov. 5.
“We are extremely disappointed in this decision,” said Susan Klein, a Missouri Baptist pastor’s wife who serves as executive director for Missouri Right to Life, after the court’s decision was released. “Essentially, the decision of the court tells anyone, present or future, working to advance any initiative petition in the State of Missouri that it’s OK to not be transparent with the public, it’s OK to violate the legal requirements that are in place to protect the voters and taxpayers of Missouri so that they know what they are signing and know what they are voting for or against on election day.
“We, at Missouri Right to Life, will continue to inform the voters of the extreme nature of Amendment 3, that if passed, it would legalize abortion through all 9 months of pregnancy, overturn our parental consent law, our informed consent law and every statute we have protecting mothers and babies. It will, in fact, also give a special legal exception to abortion providers that is not allowed for any other medical personnel.”
Brandy Meeks, president of the pro-life Vitae Foundation and member of the Missouri Baptist Convention’s Christian Life Commission, released the following statement to The Pathway this afternoon:
“Today, we watched the Missouri Supreme Court side with an agenda that is not being transparent about what is hidden in the ambiguous ballot language regarding Amendment 3,” Meeks said. “While this is disappointing and makes our jobs more difficult, it is our Christian responsibility to love our neighbor well – and that includes, women and their babies in the womb. Not speaking up about abortion because it is uncomfortable, is not an option. The church simply cannot be silent on this issue.
“We need to educate our circles of influence about what is truly at stake on Nov. 5. The ballot language isn’t clear about what this constitutional amendment will mean for Missouri should this pass, so if people don’t know what is in it, they will most likely vote in favor of this amendment. A loophole allowing abortion through all nine months of pregnancy is reckless, and we need to send that message in full to the pro-abortion lobby who is coming to wreck our state’s values that we treasure – family and freedom.
“There is no real freedom in this world that begins with ending the life of another innocent human being. No matter how you feel about abortion – even if you are someone who says, “I personally wouldn’t choose abortion, but I don’t want to make that decision for someone else” – I am sure even you have hesitations about allowing abortions through all nine months of pregnancy. This amendment allows for that within the exceptions, and it also allows for abortions when babies can feel pain. It’s barbaric. We are better than that, especially as Christians. At least, I hope we are.”
Similarly, MBC Executive Director Wes Fowler has made clear his opposition to proposed constitutional Amendment 3: “… [H]uman life is distinct, sacred, and of great worth,” Fowler wrote in The Pathway, June 17. “… [D]estroying human life through abortion is wrong. If we end up voting on this issue in November, I’m choosing life – and I would humbly ask you to do the same. If we’re truly made by God, in the image of God, and for the glory of God, how can we choose otherwise?”
MBC President Chris Williams, pastor of Fellowship Church, Greenwood, has also called Missouri Baptists to stand for the sanctity of human life: “Prior to the reversal of Roe v Wade, 8,000 babies were aborted each year,” Williams wrote in The Pathway, May 31. “Thankfully, our state was prepared, in large part due to the church’s influence, to lead the way and establish Missouri as a pro-life state where every baby had the opportunity to flourish. That momentous occasion also kick-started a fight for life in our state. But now there is a well-funded, strategic initiative to enshrine a culture of death in Missouri.
“This is the church’s moment to stand and defend life, and uphold the value of image bearers from conception to grave,” Williams added. “It will take every believer leaning in, working and praying to ensure that clinical abortions never take place again in our state. It will take every pastor actively shepherding the 400,000 plus Missouri Baptists to engage in our process to protect babies. It will take every one one of us to keep Missouri a pro-life state for His glory, our good and their flourishing.”
The office of Missouri Secretary of State John R. “Jay” Aschcroft announced, Aug. 13, that pro-abortion advocates had gathered enough signatures to present their proposed state constitutional Amendment 3 to voters during the Nov. 5 general election.
But, in a lawsuit filed on Aug. 22, Thomas More Society attorneys challenged the inclusion of Amendment 3 on the November ballot. The lawsuit alleges that the initiative petition was erroneously certified by Missouri Secretary of State Jay Ashcroft’s office because it runs afoul of the Missouri Constitution and state statutes.
According to Thomas More Society attorneys, Amendment 3 would repeal essentially all of Missouri’s state statutes and constitutional provisions regulating reproductive care and technologies, including all existing regulation of abortion, cloning, IVF for stem cell research, gender transition surgery, and genital mutilation.
By failing to specify the provisions that it would repeal, these attorneys argued, the initiative petition leading to proposed Amendment 3 violated state law. In particular, Missouri Revised Statute Section 116.050 requires that signers of an initiative petition be informed of “[t]he full and correct text” of the initiative, which must “[i]nclude all sections of existing law or of the Constitution which would be repealed by the measure."
In his Sept. 6th ruling, Cole County Circuit Judge Christopher Limbaugh agreed that the initiative petition leading to Amendment 3 didn’t abide by Missouri law, since it failed—as reported in the Missouri Independent—“to include any statue or provision that will be repealed, especially when many of these statutes are apparent.”
However, Limbaugh temporarily stayed an injunction that would pull Amendment 3 from the Missouri ballot, giving pro-abortion advocates until Tuesday to appeal his ruling.
Tuesday was also the constitutional deadline to print ballots.
The Missouri Supreme Court took up the appeal to Limbaugh’s ruling, heard oral arguments Tuesday morning and ultimately reversed Limbaugh’s ruling in a court order released this afternoon.
“By a majority vote of this Court, the circuit court’s judgment is reversed,” the court order, signed by Chief Justice Mary R. Russell, said. “Respondent John R. Ashcroft shall certify to local election authorities that Amendment 3 be placed on the November 5, 2024, general election ballot and shall take all steps necessary to ensure that it is on said ballot.”
“Opinions to follow,” the court order added.
The Missouri Supreme Court also stated that the Secretary of State’s attempt earlier this week to decertify Amendment 3 on the basis of Limbaugh’s ruling “is a nullity and of no effect,” since the deadline for certifying ballot initiatives has passed. Moreover, the court overruled a motion to hold the Secretary of State in contempt because of his attempt to decertify Amendment 3.
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This story first appeared in The Pathway.
