A Missouri judge has ruled that a ballot measure asking voters whether abortion rights should be enshrined in the state constitution is invalid, potentially jeopardizing an election scheduled for November.
In a ruling issued on Friday, Cole county circuit judge Christopher Limbaugh said that the reproductive rights petition – also known as amendment 3 – led by Missourians for Constitutional Freedom did not comply with state law.
Abortion rights activists are hopeful an appellate court could reverse Limbaugh’s decision, but for now it remains unclear whether voters will be able to decide the issue as scheduled on 5 November, the same day as the presidential election.
According to Limbaugh, his decision came as a result of the campaign’s “failure to include any statute or provision that will be repealed, especially when many of these statues are apparent”. He went on to add: “The court must conclude that the defendant-intervenors’ initiative petition was insufficient.”
Limbaugh, however, also said he “recognizes the gravity of the unique issues involved in this case and the lack of direct precedent on point”. He ruled that he would wait until Tuesday for the amendment to be removed from the ballot, giving an appellate court time to decide whether or not to uphold his ruling.
Under amendment 3, Missourians would be granted the constitutional right to an abortion up until fetal viability, in addition to protections surrounding other reproductive healthcare needs such as birth control and in vitro fertilization. The amendment would also provide protections against criminal prosecution for individuals who assist with abortions.
Missouri was the first state to officially outlaw abortion after the US supreme court eliminated the federal abortion rights that had previously been established by the Roe v Wade decision.
A total of 14 states have now enacted near-total bans on the procedure, though a clear majority of Americans generally favor legalizing access to abortion. But with abortion almost completely banned in the state with very limited exceptions, Missouri is among the most restrictive when it comes to reproductive freedoms.
In response to Limbaugh’s ruling, Rachel Sweet, the campaign manager for Missourians for Constitutional Freedom, said that the group’s effort “remains unwavering in our mission to ensure Missourians have the right to vote on reproductive freedom”, the Kansas City Star reported.
“The court’s decision to block Amendment 3 from appearing on the ballot is a profound injustice to the initiative petition process and undermines the rights of the 380,000 Missourians who signed our petition demanding a voice on this critical issue,” Sweet added.
Sweet also vowed to appeal the decision, saying that she hopes for a “swift resolution so that Missourians can vote on November 5 to protect reproductive freedom, including access to abortion, birth control and miscarriage care”.
