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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 107
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
6141S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing section 36 of article I of
the Constitution of Missouri, relating to reproductive health care.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article I of the 6
Constitution of the state of Missouri:7
Section A. Section 36, article I, Constitution of 1
Missouri, is repealed, to read as follows:2
[Section 36. 1. This Section shall be 1
known as "The Right to Reproductive Freedom 2
Initiative". 3
2. The Government shall not deny or 4
infringe upon a person's fundamental right to 5
reproductive freedom, which is the right to make 6
and carry out decisions about all matters 7
relating to reproductive health care, including 8
but not limited to prenatal care, childbirth, 9
postpartum care, birth control, abortion care, 10
miscarriage care, and respectful birthing 11
conditions. 12
3. The right to reproductive freedom shall 13
not be denied, interfered with, delayed, or 14
otherwise restricted unless the Government 15
demonstrates that such action is justified by a 16
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compelling governmental interest achieved by the 17
least restrictive means. Any denial, 18
interference, delay, or restriction of the right 19
to reproductive freedom shall be presumed 20
invalid. For purposes of this Section, a 21
governmental interest is compelling only if it 22
is for the limited purpose and has the limited 23
effect of improving or maintaining the health of 24
a person seeking care, is consistent with widely 25
accepted clinical standards of practice and 26
evidence-based medicine, and does not infringe 27
on that person's autonomous decision-making. 28
4. Notwithstanding subsection 3 of this 29
Section, the general assembly may enact laws 30
that regulate the provision of abortion after 31
Fetal Viability provided that under no 32
circumstance shall the Government deny, 33
interfere with, delay, or otherwise restrict an 34
abortion that in the good faith judgment of a 35
treating health care professional is needed to 36
protect the life or physical or mental health of 37
the pregnant person. 38
5. No person shall be penalized, 39
prosecuted, or otherwise subjected to adverse 40
action based on their actual, potential, 41
perceived, or alleged pregnancy outcomes, 42
including but not limited to miscarriage, 43
stillbirth, or abortion. Nor shall any person 44
assisting a person in exercising their right to 45
reproductive freedom with that person's consent 46
be penalized, prosecuted, or otherwise subjected 47
to adverse action for doing so. 48
6. The Government shall not discriminate 49
against persons providing or obtaining 50
reproductive health care or assisting another 51
person in doing so. 52
7. If any provision of this Section or the 53
application thereof to anyone or to any 54
circumstance is held invalid, the remainder of 55
those provisions and the application of such 56
provisions to others or other circumstances 57
shall not be affected thereby. 58
8. For purposes of this Section, the 59
following terms mean: 60
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(1) "Fetal Viability", the point in 61
pregnancy when, in the good faith judgment of a 62
treating health care professional and based on 63
the particular facts of the case, there is a 64
significant likelihood of the fetus's sustained 65
survival outside the uterus without the 66
application of extraordinary medical measures. 67
(2) "Government", 68
a. the state of Missouri; or 69
b. any municipality, city, town, village, 70
township, district, authority, public 71
subdivision or public corporation having the 72
power to tax or regulate, or any portion of two 73
or more such entities within the state of 74
Missouri.] 75
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