Text of MO SJR 5 (2025)
Establishes provisions relating to reproductive health care
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As introduced
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FIRST REGULAR SESSION
SENATE JOINT RESOLUTION NO. 5
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
1261S.01I
KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of
Missouri, by adding thereto one new section relating to reproductive health care.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the
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state of Missouri, on Tuesday next following the first Monday
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in November, 2026, or at a special election to be called by
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the governor for that purpose, there is hereby submitted to
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the qualified voters of this state, for adoption or
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rejection, the following amendment to article I of the
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Constitution of the state of Missouri:
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Section A. Article I, Constitution of Missouri, is amended
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by adding thereto one new section, to be known as section 36(a),
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to read as follows:
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Section 36(a). 1. Notwithstanding any provision of
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section 36 of article I of this Constitution to the
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contrary, the right to reproductive freedom shall not be
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construed to include:
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(1) The performance of gender transition surgeries or
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the prescription or administration of cross-sex hormones or
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puberty-blocking drugs to children for the purpose of gender
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transition;
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(2) The performance and inducement of abortions,
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except in cases of medical emergencies, fetal anomalies,
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rape, or incest. In the case of abortions performed or
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induced in cases of rape or incest, the abortion may be
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performed or induced no later than twenty weeks gestational
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age of the unborn child and only if a police report has been
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filed alleging the offense of rape or incest; and
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(3) The expenditure of public funds for the purpose of
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performing or inducing, or otherwise assisting, any
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abortion, except in cases of medical emergencies, rape, or
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incest.
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2. Notwithstanding any provision of section 36 of
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article I of this Constitution to the contrary, the right to
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reproductive freedom shall not be construed to exempt any
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person, firm, or corporation from civil liability for
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medical malpractice, negligence, or wrongful death.
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3. The general assembly shall have the authority to
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enact laws to carry out the provisions of this section.
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4. As used in this section, the following terms mean:
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(1) "Cross-sex hormones", testosterone, estrogen, or
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other androgens given to an individual in amounts that are
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greater or more potent than would normally occur naturally
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in a healthy individual of the same age and sex, but shall
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not include hormones used to treat individuals born with a
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medically-verifiable disorder of sex development or the
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treatment of any infection, injury, disease, or disorder
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unrelated to the purpose of gender transition;
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(2) "Fetal anomaly", a structural or functional
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abnormality in the unborn child's gestational development
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that would make life outside the womb impossible and that
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would present a serious physical risk to the mother to carry
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the child to term;
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(3) "Gender transition surgery", a surgical procedure
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performed for the purpose of assisting an individual with
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identifying with and living as a gender different from his
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or her biological sex, but shall not include surgical
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procedures for individuals born with a medically-verifiable
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disorder of sex development or the treatment of any
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infection, injury, disease, or disorder unrelated to the
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purpose of gender transition;
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(4) "Medical emergency", a condition which, based on
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reasonable medical judgment, so complicates the medical
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condition of a pregnant woman as to necessitate the
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immediate abortion of her pregnancy to avert the death of
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the pregnant woman or for which a delay will create a
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serious risk of substantial and irreversible physical
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impairment of a major bodily function of the pregnant woman;
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(5) "Puberty-blocking drugs", gonadotropin-releasing
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hormone analogues or other synthetic drugs used to stop
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luteinizing hormone secretion and follicle stimulating
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hormone secretion, synthetic antiandrogen drugs to block the
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androgen receptor, or any other drug used to delay or
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suppress pubertal development in children for the purpose of
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assisting an individual with a gender transition, but shall
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not include drugs used to treat individuals born with a
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medically-verifiable disorder of sex development or the
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treatment of any infection, injury, disease, or disorder
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unrelated to the purpose of gender transition.
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Section B. Pursuant to chapter 116, and other
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applicable constitutional provisions and laws of this state
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allowing the general assembly to adopt ballot language for
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the submission of this joint resolution to the voters of
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this state, the official summary statement of this
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resolution shall be as follows:
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"Shall the Missouri Constitution be amended to:
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● Protect children from gender transition
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surgeries, hormones, and drugs;
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● Guarantee that reproductive freedom includes
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abortions only for medical emergencies, fetal
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anomalies, rape, or incest;
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● Guarantee that reproductive freedom does not
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limit liability for malpractice, negligence, or
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wrongful death; and
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● Prohibit taxpayer funded abortions."
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