I. Introduction
The Missouri legislature passed a
bill requiring that women seeking abortions wait 72 hours after receiving
counseling regarding the abortion procedure and available alternatives before obtaining
the abortion. The bill was originally
vetoed by Democratic Governor Jay Nixon, but the veto was overridden by the
Republican-controlled Legislature in September.
This “waiting period” was extended from what was previously a 24-hour
requirement, making this one of the most stringent “waiting periods” in the
country.
II. Legal
Background
In
Missouri women seeking to obtain abortions are required to receive counseling
concerning the abortion procedure and alternatives to the abortion procedure.[i] This is required to take place a certain
amount of time before the woman receives the abortion.[ii] In the past, Missouri required there be a
24-hour “waiting period” after the counseling session before the woman could
obtain the abortion procedure.[iii] In 2014, however, the Missouri legislature
passed House Bills Number 1307 & 1313, which extended the mandatory “wait
period” from 24 hours to 72 hours.[iv]
Originally, Senator
David Sater of Cassville initiated the 72-hour waiting period proposal after
three debates among the Missouri Senate in the prior weeks.[v] The Senate ended up adopting Senate Committee
Substitute for House Bills 1307 and 1313.
House Bills 1307 and 1313 were introduced to the house by
Representatives Kevin Elmer of Nixa and Representative Keith Fredrick of Rolla. The bills were adopted by the majority.
These house bills repealed portions
of Section 188.027 and 188.039 of the Missouri Revised Statutes
that pertained to “wait period” time requirements. [vi] The bills made no other alterations to the
sections, leaving intact requirements such as requiring the physician who is
performing the abortion to be a qualified professional, requiring a description
of the proposed abortion method, requiring a description of the long term risks
of the procedure, and providing an ultrasound to hear the heart beat of the
child if one is audible.[vii]
Missouri’s
Democratic Governor originally vetoed the bills amending the “waiting period,”
and Senate Minority Leader Jolie Justus, a Democrat from Kansas City, led a
filibuster in efforts to prevent the bill from reaching another vote. However, the Missouri Republicans used a rare
procedural move to halt the filibuster and force the vote.[viii] The vote passed, overriding Governor Jay
Nixon’s veto.
III. Recent Development
The
24-hour requirement had not been previously amended since its enactment.[ix] The 72-hour requirement makes this “waiting
period” one of the three most stringent in the country.[x] Although it has yet to be challenged, other
abortion laws in Missouri considered as interfering with women’s abortion rights
have been held unconstitutional.[xi] In 1979, Missouri’s requirement that
abortions after the first trimester must be performed in hospitals was found
unconstitutional.[xii]
IV. Discussion
This
72-hour requirement is one of the three most stringent in the country.[xiii] Utah and South Dakota are the other two
states that require a 72-hour waiting period. [xiv] Utah is a little less stringent in its
requirements, it makes exceptions for rape or incest, while Missouri and South
Dakota do not have such exceptions. [xv]
Missouri does, on the other hand, make exceptions for medical emergencies,
described in the statute as a situation where the mother’s life or health may be
endangered.[xvi]
Those
opposed to such a long time requirement believe it is insulting because they
believe women have already weighed their options thoroughly before deciding to
have an abortion. Some research shows,
however, that some waiting periods, after pre-abortion counseling, lowers the
number of women who obtain abortions.[xvii] In a study by the Guttmacher Institute,[xviii] there was a 22 percent decrease in women who
obtained abortions after a law in Mississippi was passed requiring women to
receive counseling and wait for 24-hours before obtaining an abortion.[xix]
There
is also an argument that by lengthening the waiting period, women will have to
take more than one day off of work in order to travel to the clinic, creating a
financial hardship. Proponents argue
that abortion clinics are open on the weekends, and that requiring women to
take one more day off work, is not overly burdensome compared to what they
would otherwise take off work for childbirth or possibly parenthood. Specifically in the state of Missouri,
proponents argue that if a woman is against waiting the 72 hours, they can
travel to either Kansas or Illinois to have the procedure performed, where
there are no 72-hour waiting requirement.
Those against the waiting requirement argue a woman shouldn’t have to
cross state lines to exercise her reproductive freedom.
Overall,
there are many arguments being made by those in favor of the waiting period and
those opposed to the waiting period.
Planned parenthood has confirmed they will not be challenging the
statute. Only time will tell if the
statute will be challenged in Missouri as overly burdensome.
- Kristen Wagner
[ii] Id.
[iii] John Eligon, Missouri Enacts 72-Hour Wait for
Abortion, New York Times, March 25, 2015, http://www.nytimes.com/2014/09/12/us/72-hour-wait-for-abortion-is-enacted-in-missouri.html?_r=0.
[v] 72-Hour
Waiting Period for Abortion Debated in the General Assembly, Missouri Catholic Conference, March 25,
2015, http://www.mocatholic.org/news/72-hour-waiting-period-for-abortion-debated-in-the-general-assembly/.
[viii] Jason Hancock, Missouri Republicans override Governor Jay Nixon’s Veto of 72-hour Abortion
Waiting Period, Kansas City Star, March
25, 2015, http://www.kansascity.com/news/government-politics/article2048499.html
(That last time Republicans cut off
debate in the Senate was
in 2007 on a pair of bills -- one regarding abortion and another making English
the state’s official language).
[x] John Eligon, Missouri Enacts 72-Hour Wait for Abortion, New York Times, March 25, 2015, http://www.nytimes.com/2014/09/12/us/72-hour-wait-for-abortion-is-enacted-in-missouri.html?_r=0.
[xi] Timeline
of Abortion laws and events, Chicago
Tribune, March 25, 2014, http://www.chicagotribune.com/sns-abortion-timeline-story.html#page=1.
[xii] Id.
[xiii] John Eligon, Missouri Enacts 72-Hour Wait for
Abortion, New York Times, March 25, 2015, http://www.nytimes.com/2014/09/12/us/72-hour-wait-for-abortion-is-enacted-in-missouri.html?_r=0.
[xiv] Id.
[xv] Id.
[xvi] 2-Hour
Waiting Period for Abortion Debated in the General Assembly, Missouri Catholic Conference, March 25,
2015, http://www.mocatholic.org/news/72-hour-waiting-period-for-abortion-debated-in-the-general-assembly/.
[xvii] Joyce TJ et al., The Impact of State Mandatory Counseling and
Waiting Period Laws on Abortion: A Literature Review, New
York: Guttmacher Institute, 2009.
[xviii] Id.
[xix] Id.
