JEFFERSON CITY, Mo. — A Cole County judge on Tuesday approved revised language for a ballot question asking voters to restrict abortion in Missouri, putting a legal case over the issue on track for an appeal to a higher court.

Circuit Judge Daniel Green upheld Secretary of State Denny Hoskins’ second attempt to write a ballot summary for a proposed constitutional amendment that would repeal a 2024 vote that legalized abortion in the state.

Green previously had dumped ballot language approved by the Republican-led General Assembly in May, as well as a rewrite authored by Hoskins last month, saying they were inaccurate descriptions of what the ballot question would do.

Under a new law, Hoskins had three chances to convince the judge to accept his proposed language. Green approved the second attempt.

Jefferson City attorney Chuck Hatfield, who is representing plaintiffs in the case, said the decision would be appealed.

Hoskins issued a statement praising the ruling.

“This ruling is a victory for both the law and for Missouri voters,” the statement reads. “The new process ensures that constitutional and statutory ballot language is fair, sufficient, and lawful — and that Missourians can vote their values without out-of-state interests manipulating the process or misleading the public.”

At issue is a lawsuit filed by the American Civil Liberties Union and the Stinson law firm in July asking a judge to stop Hoskins from certifying a misleading summary statement and language for a statewide ballot initiative seeking to overturn voter-approved protections for reproductive rights.

The ACLU said the ballot language fails to inform voters that, if approved, it will eliminate a woman’s right to abortion.

The lawsuit also said the language approved by Hoskins wrongly suggests that constitutional protections for prenatal care, childbirth, postpartum care and birth control would be abolished, while also ending protections for doctors who perform the procedure.

The new language now reads:

“Shall the Missouri Constitution be amended to:

* Repeal Article I, section 36, approved in 2024; allow abortions for medical emergencies, fetal anomalies, rape, and incest;’

Hoskins first version used the word “amend” rather than “repeal.” It does not state what is in the section of the constitution that would be repealed, but Green found it sufficient.

The ballot summary also states that a “yes” vote would guarantee women’s medical care under specific scenarios, including ectopic pregnancies and miscarriages, and allow abortions in the first 12 weeks gestation in cases of rape or incest. It also would ban gender-affirming health care for minors.

A “no” vote, Hoskins wrote, in part, would “limit abortion” to specific scenarios.

If the legislature-driven measure is rejected, the 2024 voter-approved constitutional amendment legalizing abortion up until fetal viability would remain in force.

If approved, the new law would be less restrictive than the near-total ban that went into effect in June 2022, following the U.S. Supreme Court's decision to overturn Roe v. Wade, by allowing abortions for survivors or rape or incest up to 12 weeks gestation.

For now, access to abortion in Missouri remains limited amid litigation over disagreements on how far the state can go in implementing regulations affecting the procedure, such as waiting periods and rules for attending physicians.

Prior to last year’s voter-approved restoration of abortion rights, nearly all abortions were illegal in Missouri, with some exceptions for medical emergencies.

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