Now that Missouri has voted to overturn its abortion ban, what's next?

JEFFERSON CITY, Mo. — Missourians on Tuesday voted to overturn the state’s abortion ban, but the procedure won’t become legal in the state overnight.

Amendment 3, which will protect the right to an abortion until after fetal viability, takes effect Dec. 6.

After that, litigation is expected to overturn Missouri abortion restrictions, including the current law banning the procedure in cases of rape or incest.

“Today’s win is a victory for all Missourians and a crucial step in the path to restoring meaningful access to abortion care,” Tori Schafer, attorney for the Missouri ACLU, said in a statement.

While abortion-rights supporters plan to challenge restrictions in court, abortion opponents are already planning their next moves.

“Our work to protect the safety of women and the dignity of life continues. Life supporters will not sit back and watch as Big Abortion works to dismantle all the health and safety protections put in place to protect women and babies,” Stephanie Bell, spokesperson for the group Missouri Stands with Women, said after the vote Tuesday.

“We will continue to fight and ultimately be victorious against the forces who see no value in life,” she said in a statement.

While abortion opponents are expected to fight changes to current Missouri law in court, they could also move forward with a resolution in the Legislature to reverse Amendment 3 at the ballot box in 2026.

Such an effort would require affirmative votes in both the House and Senate but wouldn’t require Mike Kehoe, who was elected governor on Tuesday, to sign off for the question to make the ballot.

“Now it’s up to the #moleg (Missouri Legislature) to step in and restore protections for life and families. We must continue the fight,” U.S. Rep. Eric Burlison, R-Battlefield, in southwest Missouri, said on X.

But Republicans have expressed differing views on whether to move forward with their own ballot measure.

House Majority Leader Jonathan Patterson, a Lee’s Summit Republican, pledged to respect the will of the people at a candidates’ forum last month.

“We should respect the will of the people and we will,” he said.

But not all Republicans appeared to be in agreement. State Rep. Justin Sparks of Wildwood blasted Patterson’s comments.

“I don’t think Jon Patterson sounds very much like a Republican,” Sparks said in a text message last month. “I think the abortion ban is working out great for unborn babies.”

Lawmakers will begin filing legislation on Dec. 1 for the legislative session that begins Jan. 8.

Sen. Mary Elizabeth Coleman, an abortion opponent, vowed Wednesday to continue the fight.

Opponents have argued Amendment 3 would also undo Missouri’s law against gender transition surgeries for minors. Such an argument could play a central role in any campaign to overturn Amendment 3.

“This won’t be the last time Missourians vote on so-called ‘reproductive rights,’ which has been co-opted by the Left to include gender-transition surgeries for kids without parental consent, and I will do everything in my power to ensure that vote happens,” Coleman said in a statement.

At an event Monday, Kehoe was asked whether he, as governor, would defend Amendment 3 if it passed. Missouri governors and state lawmakers pledge to defend the state constitution when they’re sworn into office.

“Obviously I will take an oath to — if I’m chosen by Missourians — to protect our constitution,” Kehoe told reporters. “We’re gonna have to look at ways we can continue to protect innocent life.”

“I hope it does not pass,” Kehoe said, going on to reference a “continued concentration” on pregnancy resource centers that discourage abortion.

Unofficial results show the pro-Amendment 3 campaign, which passed by a 51.7%-48.3% margin, won in both Republican and Democratic strongholds.

While St. Charles County voters sent all Republicans to the Legislature, 53% of the county’s voters voted in favor of Amendment 3.

In St. Louis County, 67% of voters cast votes in support of the measure. Eighty-three percent of voters in the city of St. Louis voted for it.

The measure failed in Jefferson County with 53% of voters against it. It also failed to win a majority in Republican-leaning Greene County, which includes Springfield, though it won 49% of the vote.