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What you might want to know about Amendment 3

5 hours ago
3 min read

Here’s some information about Amendment 3, the abortion transgender amendment, to consider before going to the polls on November 3, 2026. A series of questions and answers follows the official Ballot Title and the Fair Ballot language you will see on the ballot.

 

The Official Ballot Title: “Shall the Missouri Constitution be amended to:

Repeal the 2024 voter-approved Amendment providing reproductive healthcare rights, including abortion through fetal viability; Allow abortions for rape and incest (under twelve-weeks’ gestation), emergencies and fetal anomalies; Allow legislation regulating abortion; Ensure parental consent for minors’ abortions; Prohibit gender transition procedures for minors?

 

The Fair Ballot Language:

 

A “yes” vote will repeal Article I, Section 36, of the Missouri Constitution approved by the voters in 2024 which provided reproductive healthcare rights, including abortion through fetal viability; continue to ensure women’s ability to access medical care for medical emergencies, ectopic pregnancies, and miscarriages; allow legislation 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; allow restriction of abortions to cases of medical emergency, rape and incest under twelve weeks gestation, and fetal anomalies; prohibit public funding of abortions except in limited circumstances; and prohibit gender transition procedures for minors including gender transition surgeries, cross-sex hormones or puberty-blocking drugs, with exceptions for specific medical conditions.

 

A “no” vote will leave Article I, Section 36, of the Missouri Constitution approved by voters in 2024 in place; will not limit abortion to cases of medical emergency, rape and incest under twelve weeks gestation and fetal anomalies, but will leave access to abortion available through fetal viability; will not prohibit gender transition procedures for minors.

 

Fiscal impact: State governmental entities estimate no costs or savings. Greene County estimates it may experience an unknown increase in tax revenue. Other local governmental entities estimate no costs or savings. If passed, this measure will not increase or decrease taxes.

 

Questions and answers

 

1. What is the core of Amendment 3’s proposal? To amend the Missouri Constitution and repeal Article I, Section 36, the 2024 amendment approved by the electorate that gave access to abortion and other reproductive rights through fetal viability.

 

2. If Amendment 3 is passed, when is abortion allowed? The measure would confine legal abortions to medical emergencies like ectopic pregnancies and miscarriages, fetal anomalies and instances of rape and incest of under twelve weeks’ gestation.

 

3. In what way is that different from what is now permitted? Under the present Constitution, one has access to abortion up to the point of fetal viability, when the fetus can reasonably be expected to live outside the uterus. Amendment 3 takes away that threshold and puts in its place a few narrow exceptions: medical emergencies, rape and incest (under twelve weeks), and fetal anomalies.

 

4. How does the state regulation of providers fare under Amendment 3? It gives the General Assembly express authority to put in place laws governing abortion providers and their facilities in the interest of safety and health.

 

5. What are the rules for a minor wanting an abortion? A minor must have a parent’s permission or a court order.

 

6. What is the position on the use of public money for abortions? Public funding is not allowed for abortions except in some limited cases.

 

7. How does it impact gender transition for minors? It prohibits them. This includes surgeries, cross-sex hormones and drugs to block puberty, unless there is a specific medical condition at hand.

 

8. What is the upshot of a “Yes” vote? It repeals the 2024 constitutional protection of abortion access through viability and restricts it to the three aforementioned categories. It also opens the door for legislative oversight of providers, requires consent for minors, curtails public funding, and bans gender transition for minors.

 

9. The upshot of a “No” vote? Article I, Section 36 of the Missouri Constitution remains. Abortion is still available through fetal viability and not just in an emergency or anomaly. Nor are gender transition procedures for minors outlawed in the Constitution.

 

It should be noted that, Amendment 3 aside, currently under Revised Statutes of Missouri Section 191.1720 health care providers are prohibited from performing gender transition surgeries or prescribing cross-sex hormones and puberty-blocking drugs to individuals under 18.

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