Missouri Democrats are hopeful that Kansas vote offers a guide to restoring abortion rights

A historic vote this week to uphold abortion rights in Republican-dominated Kansas has some Missouri Democrats cautiously optimistic about the potential of a ballot initiative to restore abortion rights in Missouri.

Abortion is banned in Missouri except in medical emergencies under a law that was triggered after the U.S. Supreme Court overturned Roe v. Wade in June.

The deadline to get an abortion-related petition approved before the November election passed in May. But some supporters of abortion rights are looking at Kansas as a guide to get abortion on the ballot in a future election.

“I hope that there are people building a coalition and working on that now,” said state Sen. Lauren Arthur, a Kansas City Democrat. “That was one of my first thoughts, let’s put it on the ballot. I know that our current law is unpopular. I know that a majority of Missourians support some access to abortion rights.”

But dampening that optimism among Arthur and other Democratic lawmakers is an expectation that the GOP-controlled Missouri General Assembly will continue to push to make it harder to amend the state constitution through the initiative petition process — the state’s form of direct democracy that offers a way to get proposals on the ballot by gathering signatures.

“GOP supermajorities are also very aware of these things and will make every attempt to undermine access to the ballot now,” said Arthur.

Restricting the ballot initiative process could blunt a future move by Missouri voters to add some form of abortion rights to the state constitution.

Since 2018, ballot initiatives have enabled Missouri voters to legalize medical marijuana, overturn a right-to-work law and expand eligibility for Medicaid. Republicans have argued that the process has allowed outside interest groups too much of a role in amending the constitution.

“Right now it is far too easy to change our constitution,” said state Sen. Mike Cierpiot, a Lee’s Summit Republican. “Our (state) constitution has turned into a thick book. The U.S. Constitution is very thin.”

Last session, GOP lawmakers proposed a raft of bills that would have raised the threshold for an initiative to make it onto the statewide ballot, and be voted into law. The proposals, which did not pass, would have expanded signature-gathering requirements and established a supermajority vote of the public to approve future amendments to the constitution.

Republicans “don’t want the initiative petition process because it undermines their messaging,” said state Rep. Keri Ingle, a Lee’s Summit Democrat. “The initiative petition process is the true voice of the people in this state and I absolutely believe that if abortion was the question on an initiative petition, it would pass overwhelmingly.”

Mallory Schwarz, executive director of Pro-Choice Missouri, said her organization has seen a lot of enthusiasm about the Kansas results from Missourians, but she did not yet lay out plans for a ballot push.

“We are so excited to see the response from Missouri and to see the chatter on social media,” she said.

While some Republicans acknowledge that a petition to get abortion rights on the ballot could garner enough signatures through the initiative petition process, they question whether the measure would pass.

The proposed Kansas amendment had been championed by Kansas Republicans and anti-abortion organizations as way to reverse a 2019 decision by the Kansas Supreme Court that found a right to an abortion in the state’s constitutions.

Cierpiot said that he felt that the Kansas amendment failed because it’s hard to overturn a decision the state courts have already decided.

“The right to life people were trying to undo that — very difficult to do,” he said. “Just like if the pro choice people would put an initiative petition out saying that Roe v. Wade is the law of Missouri, it would never pass.

“I think both sides will have a tough time getting an absolute ban or an absolute allowance of abortion to the elected process because it’s so divisive.”

However, some Republicans in Missouri want to use the ballot initiative process to take additional steps against abortion even after the state’s ban took effect.

After the Supreme Court overturned Roe v. Wade and Missouri enacted its ban, state Rep. Mary Elizabeth Coleman, an Arnold Republican and ardent anti-abortion advocate, told The Star in June that she expected Republicans to push for a ballot initiative to “make it clear that there is no right to abortion in the state of Missouri.”

Coleman’s proposal would essentially mirror the failed Kansas amendment. A candidate for state Senate, Coleman did not return a call for comment Thursday.

Jean Evans, the former executive director of the Missouri Republican Party, said it wouldn’t make sense politically for Republicans to push for a ballot initiative similar to the one in Kansas. They should instead focus on overhauling the initiative petition process, she said.

She said that if Democrats push for an abortion-related ballot initiative, money from outside of the state would flow in to support its passage.

“The best way for Republicans to move forward is to continue with the path they’re on, which has been very successful,” she said. “The Republicans have eliminated abortion in Missouri. So at this point, I’m not sure that there’s anything left to do there.”