Proposes a constitutional amendment prohibiting abortions following the detection of a fetal heartbeat and establishes rights of unborn children
The intended changes would impact existing abortion laws, particularly regarding the detection of a fetal heartbeat. Physicians would be required to determine whether a fetal heartbeat is present before performing an abortion, effectively prohibiting abortions once a heartbeat is detected, except in medical emergencies. This shift could dramatically reduce access to abortion services in Missouri, as the timing for detecting a heartbeat generally occurs early in a pregnancy. Moreover, the bill establishes statutory reporting requirements for abortions and post-abortion care, thereby increasing the regulatory burden on healthcare providers.
HJR39 is a proposed amendment to the Missouri Constitution that seeks to repeal Section 36 of Article I and replace it with new provisions concerning abortion and reproductive healthcare. Central to the amendment is the establishment of a fundamental right to reproductive freedom, stating that the government cannot deny or infringe upon a person's decisions regarding reproductive healthcare without demonstrating a compelling governmental interest achieved through the least restrictive means. This inclusion emphasizes the autonomy of individuals in making decisions regarding their reproductive health, with a specific focus on limiting governmental intervention.
Notably, there are significant points of contention surrounding HJR39. Advocates for the bill argue that it protects unborn children and promotes the ethical considerations of abortion. In contrast, opponents express concern that these measures infringe on a woman's right to choose and may lead to adverse health outcomes for women, particularly in cases where timely access to abortion is crucial. The amendment's structure allows for civil actions against those who perform or assist in abortions in violation of the proposed provisions, raising fears of legal intimidation against healthcare providers and patients alike. The broad language could also be construed to impact those assisting pregnant individuals in accessing reproductive healthcare more generally.