Even after voters approved enshrining abortion rights in the state constitution, a judge invalidated rules that had restricted providers, allowing abortions to resume in Missouri.
The decision on Friday followed a Kansas City judge’s decision last year that abortions were now permitted in the state, but that some restrictions remained in place while a case by proponents of abortion rights was pending.
This meant that the Missouri Department of Health and Senior Services still required licenses for abortion facilities. According to court records, Planned Parenthood claimed that the licensing statute forced clinicians to do “medically unnecessary and invasive” pelvic exams on anybody getting an abortion, even medication abortions. Additionally, it contained “medically irrelevant” dimensions for doors, rooms, and hallways.
According to the plaintiffs, “most health centers or doctors’ offices simply do not meet” some of the onerous requirements imposed on Planned Parenthood centers.
The licensing requirement is “facially discriminatory because it does not treat services provided in abortion facilities the same as other types of similarly situated health care, including miscarriage care,” according to Jackson County Circuit Judge Jerri Zhang’s decision.
In November, the motion to include abortion rights in the constitution was adopted by the electorate. Instead of outright legalizing abortion in the state, that amendment forced judges to reevaluate legislation that had virtually outlawed the practice.
Almost soon after voters changed the constitution to safeguard reproductive rights, Planned Parenthood and other activists filed a lawsuit to remove Missouri’s nearly complete abortion ban. The lawsuit is being contested by Republican Attorney General Andrew Bailey.
A voicemail asking for comment from an attorney general spokesperson was not immediately answered.
Planned Parenthood Great Rivers president and CEO Margot Riphagen stated that the organization is making rapid progress to resume offering the treatment in the days ahead.
“Today’s decision affirms what we’ve already long known — the state’s abortion facility licensing requirements were not about patient safety, but rather another politically motivated barrier to prevent patients seeking abortion from getting the care they need,” she stated.
In 2024, referendum propositions to codify abortion rights in state constitutions were approved by voters in five states, including Missouri. An amendment was also adopted by Nevada voters, but it won’t go into force until 2026 unless it is passed again.
DMV Alert: Beware of This Dangerous Trend – Drivers Crashing Cars for Insurance Money
The provisional ban issued on Friday is awaiting the resolution of the case filed by proponents of abortion rights.
Clinic partners are prepared to begin performing abortions as early as next week, according to Mallory Schwarz, executive director of Abortion Action Missouri.
“With this change the landscape for Missourians and the entire Midwest region will be transformed, as patients will have greater access to abortion care than they have had in years,” she stated.
USDA Chief Proposes Sweeping Changes to Food Stamps – Say Goodbye to Sugary Drinks and Junk Food
In order to “protect the life or physical or mental health of the pregnant person,” lawmakers in Missouri are permitted by a constitutional amendment to ban abortion after viability with several exceptions.
When discussing whether a pregnancy is expected to continue developing healthily or whether a fetus may live outside the uterus, medical professionals use the phrase “viability.” Doctors believe it usually occurs after the 21st week of pregnancy, however there is no set time range.
After the 1973 Roe v. Wade decision, which established a nationwide right to abortion, was reversed by the U.S. Supreme Court in June 2022, Missouri became one of the first states to enact a ban on the majority of abortions.
Reference: Abortions to resume in Missouri after judge blocks restrictions
