Missouri’s top court on Tuesday ruled that a proposed abortion rights amendment to the state constitution will appear on the ballot in November.
The decision will allow voters to decide whether to restore legal abortion in Missouri for the first time in more than two years.
The state enacted a “trigger” law in 2022 which effectively banned abortion, following the US Supreme Court’s decision to strike down federal rights.
The Missouri ruling overturned a lower court’s decision last week to remove the amendment following a lawsuit from anti-abortion groups.
Missouri is among the US states with the strictest abortion laws. Currently in effect is a total abortion ban outside of specific medical emergencies.
It is now one of nine states that will vote on abortion rights at the same time as choosing the next president in November.
The decision came just hours before the deadline to amend the the general election ballot.
It is to begin taking “all steps necessary” to ensure that Amendment 3 is on the ballot, the court’s judgement read.
Mary Catherine Martin, a lawyer for the Thomas More Society, the group that filed the lawsuit opposing the measure, told judges on Tuesday that Amendment 3’s wording would “absolutely mislead” voters.
“The average voter reading this would have no way of knowing that it has a limiting effect” on the state legislature’s ability to regulate abortion, Ms Martin said, the Washington Post reported.
The measure, which offers to protect the right to abortion in Missouri until fetal viability, arrived after organisers had gathered more than 250,000 petition signatures. The secretary of state’s office verified them last month.
However, lawsuit by anti-abortion groups to remove the amendment was accepted on Friday by a Cole County Circuit Judge Christopher Limbaugh, who agreed the measure failed to list what existing laws would be repealed if passed.
Missourians for Constitutional Freedom, the group sponsoring the measure, appealed the ruling over the weekend.
Per state law, the ballot measure would need support from at least 50% of voters to pass. According to a St Louis University/YouGov poll in August, the measure received support from 52% voters.
