Push for public vote on Missouri abortion law hits roadblock

JEFFERSON CITY, Mo. -- Efforts to put a new Missouri law banning abortions at eight weeks of pregnancy to a public vote hit another roadblock.

Cole County Circuit Judge Daniel Green on Friday dismissed a lawsuit by prominent Republican donor David Humphreys, who is seeking to force GOP Secretary of State Jay Ashcroft to approve his referendum petition on the new law.

Green on Thursday dismissed a similar lawsuit filed by the ACLU of Missouri. He did not elaborate on his reasoning in either order.

Acting executive director Tony Rothert on Thursday said the state ACLU has already appealed and expects the issue will ultimately play out in the Missouri Supreme Court.

"We all know it's going to be decided by a higher court," Rothert said. "So this is a step toward that."

A spokeswoman for the Committee to Protect the Rights of Victims of Rape and Incest, which Humphreys is bankrolling, said the group is "reviewing all options to ensure Missouri's abortion law is put to a vote of the people."

"We are committed to protecting the rights of women and underage minors who are victims of rape and incest, and we are disappointed the court did not do so," committee spokeswoman Mary Jenkins said in a statement.

A spokesman for Missouri Attorney General Eric Schmitt, whose office represents Ashcroft in the lawsuit, declined to comment.

Humphreys and the ACLU are seeking to put the abortion law to a public vote in hopes of repealing it. Humphreys has cited the lack of exceptions for rape and incest in his opposition to the policy, which does include exceptions for medical emergencies.

Ashcroft rejected petitions by Humphreys and the ACLU to put the law on the 2020 ballot, citing a provision in the Missouri Constitution prohibiting referendums on "laws necessary for the immediate preservation of the public peace, health or safety."

A majority of the law, including the eight-week abortion ban, takes effect Aug. 28. But a provision changing the rules on minors receiving abortions was enacted as soon as Republican Gov. Mike Parson signed the bill in May.

The new law requires a parent or guardian giving written consent for a minor to get an abortion to first notify the other custodial parent, with exceptions.

The law's "emergency clause" states enacting the parental-consent portion is vital "because of the need to protect the health and safety of women and their children, both unborn and born."

Humphreys and the ACLU sued when Ashcroft rejected their referendum petitions.