Missouri judge rejects ballot summary for anti-abortion measure

A Missouri judge has struck down a ballot summary for an anti-abortion amendment backed by Republican state lawmakers while concluding that it presented an unfair and insufficient description to voters.

Cole County Circuit Judge Daniel Green ruled Friday that the ballot summary must be rewritten, but he rejected a request by abortion-rights advocates to block the proposed constitutional amendment from going to voters.

The judge said the summary prepared by Republican lawmakers failed to inform voters that the new measure would repeal an abortion-rights amendment adopted by voters last year. He directed the secretary of state’s office to write a new summary.

The ruling marks the latest in a series of twists and turns in Missouri’s abortion policies over the past three years.

When the U.S. Supreme Court ended a nationwide right to abortion by overturning Roe v. Wade in 2022, that triggered a Missouri law to take effect banning abortions “except in cases of medical emergency.” But abortion-rights activists then gathered initiative petition signatures to put their own measure on the ballot.

Last November, Missouri voters narrowly approved a constitutional amendment guaranteeing a right to abortion until fetal viability, generally considered sometime past 21 weeks of pregnancy. That measure, known as Amendment 3, also allows later abortions to protect the life or health of pregnant women and creates a “fundamental right to reproductive freedom” that includes birth control, prenatal and postpartum care and “respectful birthing conditions.”

In May, the Republican-led Legislature shut down Democratic opposition and approved a new referendum that would repeal Amendment 3 and instead allow abortions only for a medical emergency or fetal anomaly, or in cases of rape or incest up to 12 weeks of pregnancy. That proposed amendment also would prohibit gender transition surgeries, hormone treatments and puberty blockers for minors, which already are barred under state law.

Abortion-rights advocates had argued in a lawsuit that the entire measure should be stricken, alleging that the combination of abortion and transgender policies violated a constitutional requirement that amendments contain only one subject. But Green agreed with Republican lawmakers that both topics fit under the measure’s title of “reproductive health care.”

The court order provided both sides an opportunity to claim victory.

Missouri Attorney General Catherine Hanaway’s office said in a statement that the court upheld “the central constitutional issues.”

Tori Schafer, director of policy and campaigns at the ACLU of Missouri, said abortion-rights advocates are “pleased that the judge saw through the legislature’s deceitful language” in the ballot summary.

Both the attorney general’s office and Republican state Rep. Brian Seitz, who championed the latest measure, said they are confident in Republican Secretary of State Denny Hoskins’ ability to revise the ballot summary.

If it’s a simple wording change, “I think we would be fine with that, because we do want the Missouri voters to know what they are voting on,” Seitz said Friday.

The proposed amendment will appear on the November 2026 ballot, unless Republican Gov. Mike Kehoe schedules the vote for sooner. The new measure is slated to be listed as Amendment 3 — the same number as the original abortion amendment.