WE'RE EARLY VOTING ON AMENDMENT 3 AND PEOPLE HAVE BEEN CONFUSED. ABORTION DURING ALL 9 MONTHS? MINORS AND NO PARENT PERMISSION? WHAT THE STATE'S DATA SHOWS AND WHY VOTERS CALL THE BALLOT "DECEPTIVE."
Note: Contributors to this site include individuals who are pro-choice as well as pro-life. This post is intended to shine a light on what Missourians may not realize about the wording on the ballot or what the data shows about abortions in Missouri. We hope that readers will feel more informed as they go to vote, whatever their view on abortion.
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A recent Gallup poll shows just 37% of Americans think abortion should be legal during the second trimester, which is the 4th, 5th and 6th months of pregnancy.
Despite that sentiment, Missourians are predicted to vote in favor of a measure that will make abortion legal in Missouri during the second trimester, and, pro-life advocates say, open the door to abortions in the third trimester, due to the way it's written.
The measure is called Amendment 3, and is on the ballot right now.
Would people vote to support something with which they otherwise disagree?
It depends on what they know.
THE DATA
We know second trimester abortions have happened in Missouri. State data shows 998 abortions were performed on Missouri women after their 5th month (20 weeks +) of pregnancy from 2014-2022 (either in Missouri or another state).
The number of 2nd trimester abortions increases to 2,676 when performed at or after the 17th week of pregnancy during those same years. The data does not state reasons for the abortions.
Missouri doesn't specify whether there were third trimester abortions. State data stops being specific at "21 weeks or over."
Quick context:
June of 2022 is when Missouri changed state law and banned abortion except to protect the health or life of the mother.
CHANGE TO CONSTITUTION
Amendment 3 would not be just another abortion law. It would change Missouri's constitution and supersede state law, effectively ending the state's current ban on abortion, up until fetal viability.
It would also make it possible to get an abortion even after fetal viability.
The way Amendment 3 defines "fetal viability" is key.
THE WORDING
ALL 9 MONTHS?
"Fetal Viability" is the point in which a baby can survive outside the womb, generally considered to be around 24 weeks, or 6 months into a pregnancy. Because Amendment 3 makes abortion legal until fetal viability, right off the bat, that includes abortions during the second trimester.
THIRD TRIMESTER
Pro-life lawyers say, because of the way Amendment 3 changes the definition of fetal viability, abortions would also be legal during the third trimester.
Consider this word change, knowing abortions would be legal until a baby is considered "viable."
WORD CHANGE
Under current Missouri law, a baby is defined as "viable" if it can survive WITH medical help. Under Amendment 3, a baby is defined as "viable" if it can survive withOUT medical help.
Specifically, Amendment 3 says survival outside the uterus "without the application of extraordinary medical measures."
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| Definition of Fetal Viability in Amendment 3 |
Note: It is widely known that premature babies born at 32 weeks or even 34 weeks into a pregnancy often need to spend time in intensive care. Under Amendment 3, a "health care professional" could determine a baby at that stage of pregnancy is not viable.
ANOTHER WORD CHANGE
"Mental health" is added.
Missouri law currently allows abortion to save the physical life or health of the mother. Amendment 3 would allow abortions, at any time, to protect the woman's mental health as well.
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| Source: MO Sec of State |
Pro-choice advocates tend to downplay the concerns regarding third trimester abortions, saying that lawmakers can pass legislation that further restricts abortion after "Fetal Viability."
But, unless and until lawmakers pass such restrictions, with the new definition of fetal viability and the mental health exception, abortion could, conceivably, be legally performed through all 9 months.
You'll probably get a different impression when you read the ballot, though.
BALLOT LANGUAGE
Pro-life advocates say the language that summarizes and describes Amendment 3 on the ballot is misleading and confusing to voters.
A Rockwood mom, who participated in early voting, agrees.
"It was very deceptive. I'm glad I did my homework before I voted."
Voters tell us the wording makes it seem like Amendment 3 prevents abortions after fetal viability except when the mother's life is at stake. There's no mention of the mental health exception or that babies have to be able to live without "extraordinary" medical measures.
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| This is how it looks on voter sample ballots. To see it officially on the state's website: MO Secretary of State ballot measures |
Note: Wording and other issues led to a court battle in an attempt to keep Amendment 3 off the ballot, but it was not successful.
OTHER ISSUES
Lawyers for pro-life organizations, such as the Thomas More Society, say Amendment 3 also has implications in other areas such as minors not needing parent permission for abortions or birth control, taxpayer supported procedures, and transgender care. More on that below.
WHAT ABOUT MINORS AND NO PARENT PERMISSION?
The lawyers point to the word "person" in place of "woman" to show there is no age requirement written into Amendment 3, and point to "autonomous decision making" as a signal that parent permission can no longer be required.
It has also been suggested the use of "person" instead of woman allows the amendment to cover transgender care. Supporters of the amendment say that's not true.
TAXPAYER SUPPORTED ABORTIONS?
Lawyers for pro-life organizations have also pointed out that government insurance and benefits will be used to pay for abortions and essentially all reproductive healthcare under Amendment 3.
Here are the explanations of the amendment's wording, from a group that opposes Amendment 3.
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| Link to see this on the Thomas More Society site |
Some voters are reluctant to pay for reproductive healthcare for other people, and more so after learning how common multiple abortions can be. The National Institutes of Health says nationally, 45% of women who have abortions have more than one.
Multiple abortions also occur in Missouri, with some women having as many as seven (7).
The state's data shows from 2014-2022, a combined 11,879 abortions were the second abortion performed on the woman.
1,403 abortions performed during those years were the 4th abortion for the woman.
180 of the abortions performed were at least the 7th abortion for that woman.
(More on the data is at the bottom of this post.)
Depending on the stage of pregnancy, each abortion costs anywhere from a few hundred dollars to a couple of thousand dollars.
TRANSGENDER CARE?
The "Decoding Amendment 3" document above points out areas where the wording is open to interpretation regarding transgender hormones and surgeries.
This news article from FOX 2 has additional context on that issue.
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ABOUT THE DATA
The data referenced in this report is published by Missouri's Department of Health and Senior Services. To choose data for a particular year, click here and scroll down to choose a chart to view.
Examples:
Abortions categorized by race, age, how far along the pregnancy is, and type of abortion.
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| Source: MO Dept of Health and Senior Services Scroll down to the above chart. |
Below, abortions categorized by marital status, # of children, and, # of previous abortions:
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| Source: Mo Dept of Health and Human Services 2018 |
For most charts, they are separated by "Resident" and "Recorded." Resident means Missouri women who had abortions here or in another state. Recorded means abortions that were performed IN Missouri.
AMENDMENT 3 IN ITS ENTIRETY
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| Source: MO Sec of State |
