Billboards have been appearing throughout Missouri, notably on Interstates 55 and 170 in the St. Louis area, as well as on I-70 between Columbia and St. Charles. These billboards are a response to the upcoming November 5 election, aiming to sway opinion on an abortion rights amendment on the ballot. Some billboards present misleading messages, such as warning against “child gender surgery,” a topic not addressed by the amendment. Others falsely claim that the amendment would allow late-term abortions, contradicted by a state appeals court ruling challenging the amendment’s summary language on the ballot.
Missouri’s strict abortion law, which allows procedures only in medical emergencies without exceptions for rape or incest, was enacted following the Supreme Court’s overturn of Roe v. Wade in June 2022. Amendment 3 seeks to embed reproductive rights within the state constitution, permitting no abortion restrictions before fetal viability—approximately 24 weeks—and protecting related rights like in vitro fertilization and birth control. Polls suggest the amendment is likely to pass, with a recent survey indicating 52% support to 34% opposition.
Facing unfavorable polling even in Missouri’s predominantly conservative landscape, abortion opponents have launched a well-funded campaign to erode support for the amendment. They have invested around $1 million in a misinformation drive, featuring radio ads and certain billboards, intending to either thwart the amendment or redefine its perception. Among the prominent backers is John Sauer, Missouri’s solicitor general from 2017 to 2023, who contributed $100,000 via a new political action committee, Vote “No” on 3, that supports many billboards.
Opponents are leveraging strategies that play on Missouri’s opposition to gender-affirming medical care for minors and related topics. Observers suggest that by merging these issues, opponents aim to confuse voters and strengthen their base against the amendment. This tactic aligns Missouri with a broader national strategy where Republicans harness social issues like transgender rights to galvanize conservative voter turnout in the 2024 elections.
If the amendment survives the ballot, opponents plan to carry their challenge to the conservative state legislature, known for acting against public opinion. This legislature has a practice of introducing amendments with politically charged language to reverse voter-supported initiatives they disapprove of, known as “ballot candy.” An analogous approach is visible in 2024’s Amendment 7, which, under the guise of limiting voting rights to U.S. citizens, essentially seeks to prohibit ranked-choice voting, a move strongly favored by Republicans.
Voter-approved initiatives like the 2018 Clean Missouri, which aimed to correct legislative redistricting abuses, have faced legislative reversals. Similarly, the opposition to Amendment 3 is likely to employ strategic political maneuvers to counter voter intentions.
Critics argue that the misleading billboard claims against the amendment are typical “straw man” tactics. As Amendment 3 primarily focuses on fertility and childbirth, Saint Louis University law professor Marcia McCormick characterizes the attacks as distorted representations. Meanwhile, retired Missouri Supreme Court chief justice Michael Wolff anticipates that anti-abortion lobbyists will collaborate with lawmakers on a follow-up amendment, potentially leading with issues related to transgender care as an initial appeal to voters.
