[Sep 16, 2005]
Missouri Gov. Matt Blunt (R) on Thursday signed an abortion-related measure (SB 1) aimed at placing restrictions on abortion providers and minors seeking abortions outside of the state that was immediately challenged as unconstitutional in state and federal lawsuits, the Kansas City Star reports (Murphy, Kansas City Star, 9/16). The state House on Wednesday during a special legislative session passed the measure 115-35 (Murphy, Kansas City Star, 9/15). The state Senate passed the bill last week, along with an emergency clause that made the bill go into effect immediately after the governor signed it. The law allows civil litigation to be brought against anyone who helps a minor obtain an abortion outside of Missouri without parental or judicial consent. It also requires abortion providers to obtain hospital privileges within 30 miles of their clinics, and violators could face charges punishable by up to 15 years in prison. In addition, the law redefines who can assist a minor in seeking judicial bypass to circumvent the state's parental consent law. The intent of the provision is to prohibit minors or those who work with or volunteer at abortion clinics from being able to help a minor obtain the procedure. The law also aims to stop minors from crossing the state line to obtain abortion in Illinois, which is located to the east of Missouri and does not have a parental consent law. More than 200 Missouri teens obtain abortions there annually (Kaiser Daily Reproductive Health Report, 9/9).
State Lawsuit
Two Planned Parenthood affiliates -- Planned Parenthood of Kansas and Mid-Missouri and Planned Parenthood of the St. Louis Region -- and several other organizations that provide abortion counseling or abortions in Missouri filed a lawsuit in Jackson County Circuit Court asking for an injunction to prevent enforcement of the law, the Star reports (Kansas City Star, 9/16). The suit also challenges the constitutionality of the language in the law (Franck, St. Louis Post-Dispatch, 9/15). PPKM President Peter Brownlie said, "The law would prohibit us, also family members, clergy people, health care providers, from giving young women information about their options if they're pregnant," adding, "That's a First Amendment violation, it's a violation of people's rights to information, and it's bad public policy" (Wiese, AP/Kansas City Star, 9/15). PPSLR President Paula Gianino said the organization's lawyers have recommended that its counselors not mention abortion options in Illinois to teenage clients. "This is one of the most serious and sweeping gag rules that I've ever seen," she said, adding, "That's why we are going to fight it in court" (St. Louis Post-Dispatch, 9/15).
Federal Lawsuit
The Center for Reproductive Rights on Thursday in U.S. District Court in western Missouri filed a lawsuit on behalf of the Springfield Health Care Center seeking an injunction to prevent the law from taking effect, the AP/Star reports (AP/Kansas City Star, 9/15). The suit says that the law unconstitutionally prevents people from helping minors and challenges the provision that requires physicians who perform abortions to have hospital privileges within 30 miles of the clinics where they perform the procedure (Kansas City Star, 9/16). The physician who performs abortions at the Springfield, Mo., clinic has privileges at a hospital in St. Louis -- more than 30 miles away -- meaning that the clinic will not be able to perform already scheduled abortions unless the court moves to block the law, clinic administrator Michelle Collins said (AP/Kansas City Star, 9/15). Janet Crepps, an attorney for the clinic, said the center might be forced to shut down (Kansas City Star, 9/16). The clinic is the only abortion provider in Southwest Missouri.
Other Implications
The Granite City, Ill.-based Hope Clinic for Women within minutes of the bill's signing announced it will no longer perform abortions for Missouri teens unless they have parental consent, the St. Louis Post-Dispatch reports. Sally Burgess, executive director of the clinic, said clinic staff will require proof of guardianship from adults who accompany Missouri teens to the clinic. In addition, the Missouri Religious Coalition for Reproductive Choice, which provides pregnancy counseling, said it will no longer refer teens to clergy members for fear of a lawsuit (St. Louis Post-Dispatch, 9/15).
Supporters' Reaction
Blunt did not respond directly to the state suit but released a prepared statement saying that state Attorney General Jay Nixon (R) will defend the law. "We are prepared to give the attorney general all of the assistance he needs to do his job, which is to defend laws passed by the Legislature and enacted by the governor," the statement said. State Sen. John Loudon (R), the author of the bill, on Thursday said the state lawsuit exaggerated the probability that people would be sued for providing information about out-of-state abortions to teenagers, adding that people have to intentionally help a minor in a way that leads to abortion. "The notion that this is going to lead to a bunch of lawsuits and gag people is silly hyperbole," he said, adding, "They are conveniently ignoring the word 'intent,' and that is a well-established legal principle" (Kansas City Star, 9/16).
For current women's health policy news, visit the National Partnership for Women & Families' website.