HB 2688: Relating to Unborn Children
Sponsor: Darin Chappell
WATCH / MIXED
Strong in sentiment, but functionally limited by Amendment 3.
HB 2688 repeals and reenacts Missouri's "life begins at conception" statute (RSMo §1.205), adding new language asserting that unborn children are entitled to protections under the U.S. Constitution's Fifth and Fourteenth Amendments. While it serves as a significant legal signal, it remains largely a symbolic measure without new enforcement mechanisms to overcome the current barriers created by Amendment 3.
What Does This Bill Do?
- Constitutional Claim: Explicitly adds that unborn children are entitled to rights protection under the Fifth and Fourteenth Amendments of the U.S. Constitution.
- Interpretive Directive: Reaffirms that Missouri laws must be interpreted to acknowledge the rights of the unborn, subject to the U.S. Constitution and Supreme Court rulings.
- Definitional Consistency: Maintains the legal definition of an "unborn child" as existing from the moment of conception to birth at every developmental stage.
Constitutional or Critical Context
This bill acts as a "litigation-signaling" measure. By invoking the 5th and 14th Amendments, it attempts to tee up a legal pathway to challenge the validity of Missouri’s Article I, Section 36 (Amendment 3) in federal court. However, because it is a statute, it cannot directly override the Missouri Constitution; it relies entirely on a future court finding Amendment 3's protections invalid under federal law.
Red Flags & Recommended Amendments
Non-Operational Strategy
The bill restates many existing provisions of §1.205 without adding an enforcement mechanism, potentially creating false expectations regarding its immediate impact on abortion access.
Amendment 3 Conflict
Until Amendment 3 is repealed or overturned, its "no prosecution/adverse action" language remains a hard barrier that HB 2688 does not resolve for scenarios like self-managed abortion pills.
Act for Missouri Recommendation:
While we support the moral and legal assertions in HB 2688, we believe it is largely duplicative of existing law. For a more robust, system-wide approach to protecting the unborn, we would much rather see HB 1682 move forward as it provides a comprehensive criminal-code framework.