SJR 72: Constitutional Amendment - Definition of Person & Protection of Unborn Life
Sponsor: Mike Moon
STRONGLY SUPPORT
A genuine personhood amendment to challenge Amendment 3.
SJR 72 proposes to amend Article I, Section 2 of the Missouri Constitution to define "person" as every human being with a unique DNA code, explicitly including every in-utero human child from the moment of conception until birth. It keeps existing natural-rights language but adds a clear statement that nothing in the Missouri Constitution secures or protects a right to abortion or requires abortion funding.
What Does This Bill Do?
- Defines Personhood: Amends Article I, Section 2 to explicitly define "person" to include every human being with a unique DNA code, regardless of age, covering every in-utero human child from conception until birth.
- Rejects Abortion Rights: Adds a specific clause stating that "Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion."
- Overrides Amendment 3: As a later-in-time constitutional amendment, it is designed to neutralize and override the "reproductive freedom" language recently added to Article I, Section 36 by Amendment 3.
Constitutional or Critical Context
This is a direct attempt to move Missouri toward full constitutional protection for unborn children and to overturn or neutralize the abortion "right" created by Amendment 3. By redefining "person" in the general natural-rights section, it flows into every other constitutional reference to "person" (such as due process and equal protection). While it does not expressly repeal Amendment 3, it creates a direct textual conflict intended to supersede it.
Red Flags & Recommended Amendments
Implied Repeal & Litigation Risk
SJR 72 does not explicitly repeal Article I, Section 36 (Amendment 3). Instead, it relies on implied repeal by creating a conflict.
Vague Ballot Summary
The proposed ballot summary asks if the Constitution should be amended to "protect each human life..." but does not mention "abortion" or "personhood." This is vulnerable to legal challenges for being insufficient.
Act for Missouri Recommendation:
Act for Missouri STRONGLY SUPPORTS SJR 72 because it aligns with our core principles of sanctity of life and biblical governance. Our only suggestion would be amending the text to explicitly repeal Article I, Section 36 and to use clearer ballot language that informs voters that this amendment removes the right to abortion. This would make the amendment structurally stronger and possibly more defensible in court.