Missouri Judge Weighs Reproductive Healthcare Ballot Language Challenge

COLUMBIA, Mo. (KMIZ) – A Cole County judge is evaluating a challenge against the language of a proposed 2026 ballot measure related to reproductive healthcare. The lawsuit was initiated by the ACLU and several other organizations in July, contesting House Joint Resolution 73, which was passed in May.

This resolution proposes Amendment 3 to overturn the constitutional protections for abortion procedures that Missouri voters approved in 2024. The lawsuit alleges that the legislative process included misleading language designed to confuse voters. Specifically, the ballot’s wording suggests that passing the measure would ‘protect children from gender transition’ by restricting medical procedures and medications for minors.

Monday, ACLU representatives expressed their concerns, stating they want Judge Daniel Green to either block the measure from the ballot or mandate a clearer and more truthful description of its potential consequences for Missourians. Attorney Chuck Hatfield, representing the plaintiffs, argued that the ballot language violates Missouri’s single-subject rule, noting it fails to inform voters adequately about the amendment’s aim of repealing recently-approved constitutional rights.

“The General Assembly has not informed voters that they are voting to repeal a constitutional amendment,” Hatfield said in his brief. Additionally, he criticized the Secretary of State’s office for producing confusing language in their summary statements.

The ongoing lawsuit highlights the contentious relationship between Missouri’s lawmakers and abortion advocates, especially after the passage of Amendment 3 in 2024. On September 10, the Attorney General‘s office is scheduled to appear in court over a ruling that blocked several state abortion laws, a legal conflict echoed in the current HJR 73 case.

In a brief filed by Solicitor General Louis Capozzi, the state argues that the ballot summary provides adequate information for voters. Capozzi emphasized the connection between gender transition surgeries and reproductive healthcare, claiming that prohibiting such procedures has implications for reproductive health.

Judge Green’s ruling on this matter is expected soon.