A Missouri judge removed restrictions on abortion in the state with a temporary order after voters there enshrined abortion rights into the state constitution.
A Missouri judge on Friday ruled to remove regulations that prevented providers in the state from conducting abortions.
The regulations stood in the way of the state’s constitution, which was amended when voters approved Amendment 3 in the November 2024 election, which protects abortion access until fetal viability around 24 weeks of pregnancy. There are still limits to access.
Jackson County Circuit Judge Jerri Zhang ruled in December 2024 that the state’s near-total abortion ban was unenforceable. The ruling, however, maintained certain licensing requirements.
In her decision on Friday, Zhang ruled that the licensing requirement for health facilities is facially discriminatory, meaning that it explicitly discriminates against a group of people, because it does not treat abortion facilities equally to similar health care, such as miscarriage care.
The ruling is a temporary order dependent on the outcome of a lawsuit filed by pro abortion advocates.
“The decision to block Missouri’s abortion provider licensure requirements which made full access to care unattainable in the state is a huge step to realizing the promise of Missourians’ new constitutional right to reproductive freedom,” said Gillian Wilcox, director of Litigation at the ACLU of Missouri and co-counsel for the lawsuit.
The state’s two Planned Parenthood affiliates plan to start providing abortions right away.
“Abortion care will be restored immediately,” said Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains. “The people voted, the court responded, and we will do our part: serving Missourians in their home state.”
The rules left on the books require abortion facilities to be licensed by the Missouri Department of Health and Senior Services. They then have to abide by specific requirements.
According to court documents, Planned Parenthood argued that the licensing law required providers to give medically unnecessary and invasive pelvic exams to anyone receiving an abortion, including medication abortions.
The regulations also required size requirements for hallways, rooms, and doors. Planned Parenthood argued were irrelevant and that most health centers and doctors’ offices do not meet them, according to the ACLU.
A spokesperson for the Missouri attorney general did not immediately respond to a request for comment.
