GUEST OPINION: How Missouri’s Amendment 3 puts even born children at risk, and fails to protect women

Disclaimer: The opinions expressed in this guest post are solely those of the guest author.

All disability justice, health care equity, and parental rights activists are urged to vote “NO” on Missouri’s Amendment 3! While Missouri’s Right to Reproductive Freedom Initiative claims to protect a woman’s fundamental right “to make and carry out decisions about all matters relating to reproductive health care,” it also extends full immunity to any assisting personnel for all pregnancy outcomes, including but not limited to those that result in a dead baby. 

The ramifications of such removal of liability easily has the potential of extending abortion beyond the womb and 40 weeks of gestation — essentially disregarding a woman’s fundamental right to choose life for a potentially disabled baby, who may require medical services for sustained survival outside the womb, thus overriding existing statutes protecting disabled babies from medical discrimination and passive euthanasia.

One such statute is Simon’s Law, which is named after a Missouri resident who was born and euthanized in 2010. 

Missouri’s Amendment 3 would undo Simon’s Law, which banned secret ‘do not resuscitate’ orders

Following the devastation of six miscarriages, Sheryl Crosier gave birth to her son, Simon. After nearly three months in NICU (due to repairable congenital heart defects and bilateral cleft lip), Simon’s oxygen levels dropped. Despite his parents’ pleas for intervention, no resuscitative measures were engaged.

Following Simon’s death, the Crosiers closely examined his medical records, only to discover that his doctor had failed to carry out their expressed decision to provide full intervention. In fact, unbeknownst to the Crosiers, the doctor had placed a Do Not Resuscitate (DNR) Order on Simon. He also prescribed a medication that expedited Simon’s death by suppressing his respiratory drive, and ordered the withdrawal of life-sustaining nutrition.

Yet, the most shocking revelation was that theirs was neither an isolated incident, nor was it illegal.  

Therefore, Sheryl Crosier founded Simon’s Law, and appealed to the Missouri State Legislature for legislation requiring doctors to consult parents in determinations regarding DNRs and Orders for Life Sustaining Treatment (OLST). Since then, variations of Simon’s Law have been enacted in 10 states (including Missouri), receiving bi-partisan support from both Democrats and Republicans, as well as both pro-choice and pro-life proponents. 

However, “The (Missouri) Right to Reproductive Freedom Initiative would make Simon’s Law irrelevant,” said political consultant Steve Drake. 

Amendment 3 could allow lifesaving medical measures to be denied to infants even after birth

First of all, Section 36.4 states that “the general assembly may enact laws that regulate the provision of abortion AFTER Fetal Viability.”  While “Fetal Viability” is defined as “a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures,” what is not clearly defined is “extraordinary medical measures” — leaving one to wonder whether or not this phrase would include measures like supplemental nutrition, hydration, and oxygen through artificial means (things absolutely necessary for a baby’s healing, growth, and SURVIVAL). 

So, under these provisions, a baby (like Simon), who is born with disabilities requiring medical services for sustained survival outside the womb, would be considered non-viable and consequently allowed to be aborted at any stage of pregnancy.  In fact, Crosier even fears that “the lack of clarity leaves open the possibility that even children post birth could be at risk of being terminated,” the same way children (like her Simon) were killed prior to the implementation of Simon’s Law in Missouri (emphasis added).  

Amendment 3 removes all safeguards, leaving no one liable for actions resulting in harm to women or babies

Furthermore, Section 36.5 provides FULL immunity to ANY assisting personnel (whether or not they are health care professionals) for their role in ALL pregnancy outcomes, “including but not limited to miscarriage, stillbirth, or abortion.” 

Drake says that “when you give doctors FULL immunity, you are taking away ALL liability.”

Hence, “this amendment would take away ALL healthcare safeguards,” said Simon’s Law Board Member, Jamie Kidd, “leaving NO recourse whatsoever for ANY healthcare problem or emergency.” Thus, NO ONE would be held liable for actions resulting in the miscarriage or stillbirth of a wanted baby suspected of disabilities, nor the harm inflicted upon a woman in the course of providing reproductive health care services.

Not only does this constitutional amendment lack clarity and fail to provide equal protection for a woman’s fundamental right to choose life, but it also strips a woman of her right to recourse in the event of a negative pregnancy outcome (to either herself or her baby), while granting ANYONE the freedom to terminate a potentially disabled baby up to and beyond birth (by withholding medical care). 

An initiative that claims to protect a woman and her fundamental rights should not be stuffed with immunity for those who could potentially violate said rights and cause her personal harm. So, ask yourself: who would this initiative REALLY protect?

If you believe that a woman has a fundamental right to make and carry out decisions about ALL matters relating to reproductive health care, including the right to choose life for a potentially disabled baby, then take a close look at ALL reproductive rights initiatives on the ballot in 10 states RIGHT NOW, and vote “NO” on extending immunity to anyone who exercises infanticide (by withholding medical care to a baby born with disabilities) and discriminates against a woman’s right to CHOOSE LIFE.

Bio: Sandi Enzminger, Director of Operations for Simon’s Kids, empowering parents to advocate for fair and equal access to life-saving medical treatment.  Sandi lives in Idaho with her husband and 6 children, the youngest of which is 6 years old and thriving with Trisomy 18. Reach Sandi at (208) 392-0039 or Sandi@SimonsLaw.org.

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