The Truth About SJR 8: Why “Abolition Bills” Fail and Why the New A3 Is the Real Solution
Some activists claim that SJR 8 is an “abolition” amendment that would finally end abortion in Missouri. But a close look at the text of SJR 8 shows that it does not do what its supporters promise. It does not repeal the 2024 abortion amendment. It does not protect all children. And it does not establish the legal framework needed to change anything in practice.
In contrast, the new Amendment 3 built on HJR 73 offers clear, enforceable, court resilient pro life protections that actually work.
Here are the facts.
1. SJR 8 does NOT repeal the 2024 Amendment 3 abortion amendment.
This alone makes SJR 8 ineffective.
The 2024 Amendment 3 created a constitutional right to abortion in Missouri up to viability, along with a broad “health exception” that allows abortion through all nine months.
Any sincere attempt to protect unborn life must begin by repealing that language.
SJR 8 does not repeal it.
If SJR 8 passed Missouri would still have:
❌ a constitutional right to abortion
❌ a vague “personhood” statement tucked elsewhere in the document
Those two provisions contradict each other, and when constitutional language conflicts, the courts decide which one governs. Judges will almost certainly uphold the explicit abortion right that voters approved in 2024.
SJR 8 leaves the pro abortion amendment in place and adds language that cannot override it.
By contrast:
The new Amendment 3 fully and explicitly repeals the 2024 abortion amendment.
✔ no confusion
✔ no contradiction
✔ no surviving pro abortion language
This is the foundation required for any meaningful pro life protections.
2. SJR 8 leaves IVF conceived children unprotected.
SJR 8 defines persons as:
“every in utero human child from the moment of conception until birth.”
The key phrase is “in utero.”
IVF embryos exist outside the womb prior to implantation.
Under SJR 8, children who are:
❌ frozen in clinics
❌ discarded
❌ used for research
❌ thawed and destroyed
receive no constitutional protection.
This is not theoretical. Thousands of Missouri embryos exist outside the womb at any given time. SJR 8 leaves them vulnerable and legally invisible.
Meanwhile:
The new Amendment 3 protects human life at conception without the “in utero” loophole.
✔ protects children conceived naturally and through IVF
✔ ensures equal protection regardless of how a child was conceived
✔ closes the gap SJR 8 ignores
3. SJR 8 creates no criminal statutes which means courts would almost certainly rule that women cannot be prosecuted.
Supporters of “abolition bills” often claim their proposals would automatically require the prosecution of women for abortion.
That is incorrect.
Courts cannot and will not create criminal penalties from undefined constitutional language. Criminal liability requires:
Clear statutory language
Defined penalties
Legislative intent
Explicit liability standards
SJR 8 supplies none of these.
Missouri’s existing statutory framework has always held that women are not prosecuted for abortion. Courts interpret new constitutional language in light of existing statutes unless clear language overrides them.
Because SJR 8 has no criminal code attached, courts would conclude:
✔ women cannot be prosecuted under SJR 8
✔ the legal status quo remains unchanged
✔ enforcement does not improve
In short:
SJR 8 changes nothing about enforcement.
The new Amendment 3, however, includes clear and enforceable pro life standards crafted to withstand judicial scrutiny.
SJR 8 Does Not Do What Its Supporters Claim
When all factors are examined SJR 8:
❌ does not repeal Missouri’s pro abortion amendment
❌ does not protect IVF conceived children
❌ does not create criminal penalties
❌ does not guarantee any new protections for unborn children
❌ does not resolve constitutional conflicts
❌ does not change enforcement in Missouri
It is presented as a bold solution but delivers none of the results supporters assume it will.
Missouri needs more that tough talk. We need constitutional language that works in real courts and in real life.
The New Amendment 3: Real Protection Real Clarity Real Results
Where SJR 8 falls short the new Amendment 3 succeeds:
✔ fully repeals the 2024 abortion amendment
✔ protects unborn children beginning at conception
✔ safeguards IVF conceived children
✔ provides clear pro life standards
✔ withstands judicial scrutiny
✔ restores a culture of life in Missouri
This is the only comprehensive, coherent, achievable pro life path forward.
Conclusion: Missouri Needs a Serious Pro Life Amendment, Not Empty Promises
SJR 8 and other so called “abolition bills” claim far more than they deliver. When the actual bill is examined, they fall apart. They do not repeal the abortion amendment. They leave entire categories of children unprotected. They do not change enforcement. And they would not survive courtroom challenges.
The new Amendment 3 built on HJR 73 corrects all of those failures.
Missouri deserves a pro life amendment that is clear, constitutional, enforceable, and capable of actually protecting children.
That amendment is the new Amendment 3.