The Missouri Supreme Court ruled Sept. 10 that Amendment 3, which would codify abortion in the state’s constitution up to birth and abolish protections for unborn babies, must be included on the state’s Nov. 5 ballot.

The office of Missouri Secretary of State John R. “Jay” Ashcroft announced Aug. 13 that pro-abortion advocates had gathered enough signatures to present their proposed state constitutional Amendment 3 to voters during the Nov. 5 general election. But in a lawsuit filed Aug. 22, Thomas More Society attorneys challenged the inclusion of Amendment 3 on the November ballot by alleging that the initiative petition was erroneously certified by Ashcroft’s office because it violates the Missouri Constitution and state statutes.

According to Thomas More attorneys, Amendment 3 would repeal essentially all of Missouri’s state statutes and constitutional provisions regulating reproductive care and technologies, including all existing regulation of abortion, cloning, IVF for stem cell research and so-called gender transition surgery.

By failing to specify the provisions that it would repeal, the attorneys argued, the initiative petition leading to proposed Amendment 3 violated state law. In particular, Missouri Revised Statute Section 116.050 requires that signers of an initiative petition be informed of “[t]he full and correct text” of the initiative, which must “[i]nclude all sections of existing law or of the Constitution which would be repealed by the measure.” (Read more about the lawsuit here.)

Mary Catherine Martin, Thomas More Society senior counsel, said Missouri’s high court has failed the state’s voters.

“The Missouri Supreme Court’s decision to allow Amendment 3 to remain on the November ballot is a failure to protect voters, by not upholding state laws that ensure voters are fully informed going into the ballot box,” Martin said. “It is deeply unfortunate the court decided to ignore laws that protect voters in order to satisfy pro-abortion activists who intentionally omitted critical information from the initiative petition. This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few. Missouri’s Amendment 3 will have far-reaching implications on the state’s abortion laws and well beyond, repealing dozens of laws that protect the unborn, pregnant women, parents, and children—a reality that the initiative campaign intentionally hid from voters. We implore Missourians to research and study the text and effects of Amendment 3 before going to the voting booth.”

Susan Klein, executive director of Missouri Right to Life, urged all Missouri voters to reject Amendment 3.

“We are extremely disappointed in this decision,” Klein said. “Essentially, the decision of the court tells anyone, present or future, working to advance any initiative petition in the State of Missouri that it’s OK to not be transparent with the public, it’s OK to violate the legal requirements that are in place to protect the voters and tax payers of Missouri so that they know what they are signing and know what they are voting for or against on Election Day.

“We, at Missouri Right to Life, will continue to inform the voters of the extreme nature of Amendment 3, that if passed, would legalize abortion through all nine months of pregnancy, overturn our parental consent law, our informed consent law and every statute we have protecting mothers and babies. It will, in fact, also give a special legal exception to abortion providers that is not allowed for any other medical personnel.”

In a Sept. 6 ruling, Cole County Circuit Judge Christopher Limbaugh agreed that the initiative petition leading to Amendment 3 didn’t abide by Missouri law, since it failed—as reported in the Missouri Independent—“to include any statute or provision that will be repealed, especially when many of these statutes are apparent.”

Limbaugh, however, temporarily stayed an injunction that would have pulled Amendment 3 from the Missouri ballot, giving pro-abortion advocates until Sept. 10 to appeal his ruling. Sept. 10 was also the constitutional deadline to print ballots.

The Missouri Supreme Court took up the appeal, heard oral arguments Tuesday morning and ultimately reversed Limbaugh’s ruling in a court order released Tuesday afternoon.