A Cole County Circuit judge has ruled that Missouri Secretary of State Denny Hoskins' second attempt at proposed language for an abortion amendment is good enough to appear on the ballot.
Judge Daniel Green decided Tuesday that both Hoskins' summary statement and fair ballot language are "fair and sufficient" and certified the language.
The language doesn't explicitly state that the amendment, if passed by voters, would again ban most abortions in Missouri.
Instead, the language says it "allow[s] abortions for medical emergencies, fetal anomalies, rape, and incest."
The entire approved ballot language reads:
"Shall the Missouri Constitution be amended to:
• Guarantee women's medical care for emergencies, ectopic pregnancies, and
miscarriages;
• Ensure women's safety during abortions;
• Ensure parental consent for minors;
• Repeal Article I, section 36, approved in 2024; allow abortions for medical
emergencies, fetal anomalies, rape, and incest; and
• Prohibit sex-change procedures for children?"
This is the third version of this ballot language and the second time Hoskins has been allowed to revise the language under a new Missouri law.
Had Green ruled against Hoskins again, he would have had one more attempt to rewrite the language before a judge would intervene.
Hoskins said in a statement that the ruling is a "victory for both the law and for Missouri voters."
"The new process ensures that constitutional and statutory ballot language is fair, sufficient, and lawful — and that Missourians can vote their values without out-of-state interests manipulating the process or misleading the public. Today's decision confirms that our office is following the law and protecting the integrity of Missouri's ballot," Hoskins said.
The ACLU of Missouri said in a statement it intends to appeal not only the ballot summary and fair ballot language, but also for a violation of the state's single subject clause.
"Despite three attempts, the state's ballot summary still fails to give voters a clear and honest understanding that Amendment 3 would end Missourians' fundamental right to reproductive freedom, a right we approved just last November," Tori Schafer, director of policy and campaigns for the ACLU of Missouri, said.
The ballot measure, passed by Republican state lawmakers this past session, is legislators' attempt to overturn Amendment 3 passed in 2024.
That amendment granted a constitutional right to abortion and nullified the state's near-total abortion ban.
In July, Circuit Judge Jerri Zhang again issued an order that blocked most of Missouri's restrictions, making abortion legal again.
The new proposed amendment, also titled Amendment 3, would roll back the existing constitutional language allowing for abortions.
A brief filed against the second version of the language on behalf of the plaintiffs states the language again isn't clear enough for voters.
"The Secretary's new Bullet Point four also still implies that HJR 73 gives rights to Missourians for the first time. Voters should not be made to believe that, for the first time, Missourians will have access to abortions in certain circumstances," the brief reads. "It is well trodden ground that a summary statement is misleading if it 'leads voters to erroneously believe a measure would change existing law when it [does] not.'"
In addition to the abortion ban, the amendment would place in Missouri's constitution a permanent ban for transgender health care for minors. That includes access to puberty blockers or hormone treatment.
Hoskins also submitted revised fair ballot language that is displayed at the polls and reads:
"A 'yes' vote will amend the Missouri Constitution to guarantee women's medical care for medical emergencies, ectopic pregnancies, and miscarriages; authorize laws to regulate abortion providers and facilities to ensure health and safety; require informed and voluntary consent for an abortion, including parental or judicial consent for minors; repeal Article I, Section 36, approved in 2024, and allow abortions in cases of medical emergency, fetal anomaly, rape, or incest, with a twelve-week gestational limit for rape or incest; require physicians to provide medically accurate information; prohibit public funding of abortions except in limited circumstances; and protect children from sex-change by prohibiting certain medical procedures and medications for minors, with exceptions for specific medical conditions.
"A 'no' vote will not amend the Missouri Constitution to guarantee women's medical care for emergencies, ectopic pregnancies, and miscarriages, require parental consent for minors' abortions, require health and safety standards for abortions, limit abortion to cases of medical emergency, fetal anomaly, rape, or incest, or to protect children from sex-change.
"If passed, this measure will not increase or decrease taxes."
That language was also approved by Green.
Updated with statements from Secretary of State Denny Hoskins and the ACLU of Missouri
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