Race Day Live After Missouri voters rejected a state ban on abortion 12 weeks ago, the promised return of legal abortion services has yet to happen.
Although most of the state’s abortion restrictions have been blocked, abortion providers say the battle isn’t over. They’re still facing barriers that prevent them from resuming services.
This Friday, two groups, Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers-Missouri, are heading back to court.
They will ask Jackson County Circuit Court Judge Jerri Zhang to reconsider a decision she made last month, which stopped some of Missouri’s abortion restrictions but left in place a licensing requirement for abortion clinics.
This legal fight marks the latest development in the ongoing battle to restore abortion access in Missouri.
It comes as Republican lawmakers are working on measures that might soften or even undo the results of the November vote that enshrined abortion rights in Missouri’s state constitution.
Last month, Judge Zhang ruled that Missouri could no longer enforce the 72-hour waiting period between doctor visits for abortion patients.
She also decided that doctors don’t need to be present when a patient takes abortion medication. However, abortion clinics are still required to hold licenses, which is a major challenge.
Providers say that the rules for getting these licenses are too strict and are making it impossible to offer services.
The Missouri Department of Health and Services is in charge of issuing abortion facility licenses, and Governor Mike Kehoe, a strong opponent of abortion, oversees the department.
The state’s rules require clinics to meet physical standards that are more in line with hospital facilities, which most clinics or doctors’ offices don’t meet.
Emily Wales, CEO of Comprehensive Health of Planned Parenthood Great Plains, pointed out that the goal of Amendment 3, passed by voters, was to make abortion care a standard health service.
She said the licensing requirements, which include a pelvic exam for every patient, even for medication abortions, put unnecessary hurdles in the way of clinics.
Abortion rights supporters had hoped that Judge Zhang’s decision would clear the way for Missouri to restore abortion services after voters passed Amendment 3 with a 51.6% majority.
However, they also knew that it could take time to fully restore access through the courts.
The journey to restore abortion rights in Missouri began after the U.S. Supreme Court’s 2022 decision overturned the nationwide right to abortion.
Missouri was one of the first states to implement a ban after the ruling, and it took two years of effort before voters finally passed Amendment 3 to remove that ban.
Despite the legal victories, abortion access in Missouri has not returned as expected. The rules for licensing abortion facilities remain in place, and this has slowed down efforts to provide legal abortion care.
Judge Zhang had ruled that the licensing rules relate to the facilities, not the rights of people seeking an abortion, which is why she allowed them to stay in effect.
Providers argue that these licensing rules are unfairly discriminating against abortion facilities. They claim that the rules delay people’s access to reproductive care and violate the constitution.
Planned Parenthood has asked the court to block the licensing requirement so that they can start offering services again. They say that without this change, they cannot provide any form of abortion.
On the other hand, Missouri Attorney General Andrew Bailey, a Republican, is fighting to keep the licensing rules in place.
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His office has argued that Planned Parenthood is trying to undo reasonable regulations and that the clinics have the option to apply for waivers for some of the requirements.
In the meantime, Missouri’s Republican-controlled legislature is exploring ways to challenge or modify Amendment 3.
Some lawmakers are working on proposals that would reduce or eliminate abortion rights in the state.
However, any changes to the constitution would require a statewide vote, and it is uncertain how far the state’s Republican leadership will go in rolling back abortion rights.
As legal challenges continue, Missouri’s abortion access remains in limbo. The court case on Friday could be a key turning point in this ongoing fight.
Whether abortion services will resume soon is still uncertain, but the state’s leaders are under increasing pressure from both sides of the debate.
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