Did you know: Missouri does NOT have a total ban on abortion. RSMo 188.015 and 188.017 allow abortion to preserve the life or health of the mother. CLICK HERE FOR THE STATUTE

Don't be fooled!

Amendment 3 allows abortion for the whole 9 months of pregnancy.

The "mental health" loophole

The "mental health loophole" trumps any and all restrictions on late term abortions, even when virtually everyone agrees babies feel pain. "Mental health" could be as simple as anxiety about the affects a new baby would have on career or finances or social life - the sort of concerns most new moms have. And the "treating health care professional" could be anyone from a speech pathologist to a dentist, but most importantly "treating health care professional" would include the staff of any abortion clinic. The very people profiting from abortions will be able to trigger the "mental health loophole" at any stage of pregnancy. See the actual amendment language in the next block of text to the right (or below for smaller devices).

Section 4 from Amendment 3

4. Notwithstanding subsection 3 of this Section, the general assembly may enact laws that regulate the provision of abortion after Fetal Viability provided that under no circumstance shall the Government deny, interfere with, delay, or otherwise restrict an abortion that in the good faith judgment of a treating health care professional is needed to protect the life or physical or mental health of the pregnant person.
To paraphrase Section 4 of the amendment: "No law can hinder in any way any abortion, even the aborting of full term babies just an instant from a normal birth, as long as a treating health care professional claims terminating the life of the baby is needed to protect the mental health of the mother." No evidence is required to support the opinion of the "health care professional." See the definitions, below.

Definitions Matter

"Mental Health"

According to the Center for Disease Control (CDC), "Mental health includes our emotional, psychological, and social well-being." See: https://www.cdc.gov/mentalhealth/learn/index.htm Virtually every pregnancy is going to affect "emotional, psychological, and social" aspects of the mother's life. The Mental Health Loophole could apply to every pregnancy.

"Good Faith Judgement"

This term is couched in subjectivity and it is difficult to question someone's decisions when "good faith judgement" is the legal standard. The Arizona Attorney General issued an official opinion relating to the definintion of "good faith clinical judgment" on June 17, 2024 relative to that state's abortion laws.He wrote:
That “good faith clinical judgment” test requires only two things: first, the physician must use clinical judgment, and second, the physician must act in good faith in forming a clinical judgment that a “medical emergency” exists. As long as those requirements are met, and absent proof of bad faith, nothing in the statute allows the physician’s judgment to be second-guessed after the fact, even if other physicians might have come to a different conclusion.
Read the whole A.G. opinion here: https://www.azag.gov/opinions/i24-009-r24-011 Subdivision 5 of the amendment says, "Nor shall any person assisting a person in exercising their right to reproductive freedom with that person's consent be penalized, prosecuted, or otherwise subjected to adverse action for doing so." Coupled with the "good faith judgement" clause, this gives the "heath care professional" attending a pregnant woman virtual carte blanche to trigger the Mental Health Loophole with impunity.

"Health Care Professional"

Even a pregnant woman's dentist or speech therapist would be authorized by Amendment 7 to trigger the Mental Health Loophole. Acording to the World Health Organization, the following are considered "health care workers":
This site is maintained by Ron Calzone. Questions? Send them to ron@mofacts.org