New initiative petitions seek to add rape, incest exceptions to Missouri abortion law

By Jason Hancock

Missouri Independent

Six new initiative petitions were filed with the Missouri Secretary of State’s office Wednesday seeking to add exceptions to the state’s abortion ban for rape, incest, fatal fetal abnormalities and the health and safety of the mother.

Three of the six initiative petitions would also legalize abortion in the first 12 weeks of pregnancy.

Each was filed by Jamie Corley, a veteran GOP political operative from St. Louis who has worked for three members of Congress, including as national press secretary for former U.S. Sen. Bob Corker of Tennessee.

To support the proposals, Corley formed a 501c4 non profit in June called Missouri Women and Family Research Fund.

“The current abortion law makes it dangerous to be a mom in Missouri, burdens taxpayers with litigation costs, puts law enforcement in a position to punish crime victims rather than protect them, and gives the government —not parents— decision-making power over how to care for their child if she is impregnated because of rape,” Corley said in a statement announcing the initiative petitions. “The abortion law in Missouri is too radical and cannot stand.”

In the aftermath of the U.S. Supreme Court’s 2022 decision overturning the constitutional right to the procedure, Missouri’s trigger law went into effect banning virtually all abortions. There are no exemptions for rape or incest, and opaque language around protections medical emergencies have resulted in confusion in the state’s medical community.

Doctors who perform an abortion can face felony charges and loss of their medical license.

In March, abortion-rights groups partnered to file 11 initiative petitions hoping to place a constitutional amendment on the 2024 ballot overturning Missouri’s abortion ban. The proposed amendments would declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom,” including “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.”

Penalties for both patients seeking reproductive-related care and medical providers would be outlawed.

Each version of the proposed amendment says there must be a “compelling governmental interest” for abortion restrictions to be put in place. But while some allow the legislature to regulate abortion after “fetal viability,” others draw the line at 24 weeks of gestation. Some versions make it clear the state can enact parental consent laws for minors seeking abortions. Others leave the topic out entirely.

All 11 initiative petitions are tied up in court, with proponents suing over what they’ve deemed is a biased ballot summary written by Secretary of State Jay Ashcroft, who is running for governor. Opponents have also sued, demanding the cost estimate be inflated to indicate lifting Missouri’s abortion ban would cost the state billions.

Planned Parenthood, who before the ban was the state’s only abortion provider, opted not to participate in the initiative petition campaign because the proposals only protect abortion access before the fetus is viable or until 24 weeks of pregnancy. The organization also balked at parental consent requirements.

Corley’s six initiative petitions don’t go nearly as far as the previously filed proposals.

All versions enshrine “exceptions and immunity” clauses into Missouri’s abortion law, and three versions include language prohibiting the government from interfering with a woman’s access to an abortion in the first 12 weeks of pregnancy.

The rape exception would only apply to victims who have reported the rape or sexual assault to a crisis hotline.

Each version also states that the rights guaranteed in the amendment “are subject to strict scrutiny,” meaning any restrictions to abortion enacted by the legislature must further a “compelling governmental interest” and must be narrowly tailored to achieve that interest.

Anyone seeking an abortion outside of Missouri could not be subject to criminal prosecution or civil penalty. The same immunity applies to health professionals or anyone assisting in seeking an abortion.

Some versions also contain provisions prohibiting use of taxpayer funds to be used “in support of the provision of abortion in this state.” However, in those versions legislature would not be permitted to cut off funding for health care providers who perform abortions.

 

A 12 week abortion ban would line up Missouri with some other Republican-leaning states, such as North Carolina and Nebraska. According to the Centers for Disease Control and Prevention, 43% of all abortions occur in the first six weeks of pregnancy and 92% in the first 13 weeks.

The Missouri ACLU, which is defending the 11 initiative petitions in court, could be immediately reached for comment on Corley’s proposals. Yamelsie Rodríguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said in an emailed statement that her organization has “always advocated for abortion access that is just, equitable, and scientifically grounded — and that doesn’t change today.

“As a health care provider — and the last abortion provider in the state — we know the consequences of abortion bans and restrictions: exceptions have never provided meaningful access,” Rodríguez said. “While some are proposing ballot measures that will continue to harm Missourians, we will continue to fight for the meaningful access that Missourians need.”

Corley did not offer specifics about who is involved in campaign, saying only that she is “building a broad coalition of Missourians who think the current abortion law is extreme and needs to be changed. Missourians deserve the opportunity to vote on an independent, rational — and passable — plan to restore legal but limited access to abortion in Missouri in 2024.”

But she was assisted in drafting the language by Chuck Haftield, a longtime Jefferson City attorney who worked in the attorney general’s office under Democrat Jay Nixon.
“These initiatives are very straightforward,” Hatfield said in an statement to The Independent. “Voters should easily understand what they are being asked to vote on and the Secretary (of State) should be able to easily summarize the effects without controversy.”

Missouri law requires petitioners to collect more than 170,000 signatures by May 2024 in order to put a constitutional amendment on the ballot. Republicans lawmakers, most notably House Speaker Dan Plocher, have worked to make it harder to amend the constitution through the initiative petition process in an effort to short circuit any abortion-rights proposal from succeeding next year.

“The current abortion law makes Missouri look draconian, punitive and unsafe for families,” Corley said. “The law runs afoul of public opinion and we look forward to building a broad coalition of Missourians who want, need and deserve the opportunity to change it.”