No, Missouri’s abortion ‘trigger’ law doesn’t ban Plan B, birth control or IVF, experts say
Since a leaked Supreme Court decision that could affect abortion rights circulated last week, we’ve heard from readers concerned about Missouri’s “trigger” law that would ban nearly all abortions in the state.
Concerns have been circulating online that the state’s ban—which could go into effect as soon as Roe v. Wade is overturned—could also outlaw forms of birth control like the “morning after pill” and intrauterine devices (IUDs). There are also worries it could impact in-vitro fertilization (IVF).
Even former Missouri Democratic senator Claire McCaskill tweeted about Plan B potentially becoming illegal.
But while many are speculating what a post-Roe world could look like, current legislation does not explicitly outlaw any forms of contraception or family planning beyond abortion. Here are the facts.
Would Missouri’s trigger ban outlaw birth control and “Plan B”?
Abortion rights advocates in Missouri say no. The 2019 bill, which contains the “trigger ban” clause, does not directly mention pregnancy prevention. That means that birth control pills and emergency contraceptives like the “morning-after pill” would not be immediately affected by this law.
“Since birth control prevents pregnancy (and does not end an existing pregnancy), overturning #Roe will not block access to birth control,” wrote the Missouri-based Planned Parenthood of the St. Louis Region (PPSLR) on Twitter.
The 2019 Missouri abortion bill deals with restricting abortion for those who are already pregnant.
Preventing yourself or your partner from becoming pregnant in the first place is not addressed directly in the bill.
We will continue reporting on this topic and let you know if legislators propose further bans and any more information we learn about how these laws could play out.
Is Missouri going after in-vitro fertilization or IVF?
Not specifically in the “trigger ban.” This common fertility treatment would not necessarily be impacted if Roe v. Wade is overturned and the state’s “trigger ban” goes into effect, local abortion rights advocates say.
Missouri’s abortion ban does not include any language about IVF.
“Current Missouri abortion law does NOT jeopardize… fertility care (IVF), and neither do any of the bans we’re currently watching in #MoLeg,” the abortion rights group Pro-Choice Missouri wrote on Twitter.
The Star’s politics team is keeping a close eye on bills introduced in the state legislature, and we will continue reporting on policies that may affect your family planning decisions as we learn more. For now, though, IVF and other fertility treatments are not in clear danger from this 2019 law.
Where are these rumors about birth control, Plan B and IVF coming from?
A lot of the recent confusion stems from social media posts like former Missouri Sen. Claire McCaskill’s. Some also hypothesize that Missouri’s “trigger ban” could reinforce the idea that “life begins at conception,” which the bill mentions in its text.
A 1989 Supreme Court decision that originated as a Missouri case ruled that this statement is a “value judgment,” not an enforceable part of the law. If Missouri’s “trigger ban” goes into effect, this ruling would still apply.
McCaskill’s statements and other recent fears contemplate a potential world in which abortion is banned and lawmakers come after other methods of pregnancy prevention and family planning.
That doesn’t mean that extreme restrictions on birth control, Plan B or IVF will immediately go into effect as soon as Roe v. Wade gets overturned.
What we still don’t know and are working to learn more about
- How definitions of words like “abortion” and “pregnancy” in Missouri law could affect what is criminalized if Roe is overturned.
- How prosecutors and the courts would interpret and enforce these laws.
- If doctors would avoid certain procedures and prescriptions because of these laws.
We are continuing to report on the issue and how it could affect Missourians’ access to care. We will write follow up stories as we learn more.
The Star’s Kacen Bayless and Jonathan Shorman contributed reporting to this piece.
Do you have more questions about abortion rights in Kansas City and beyond? Ask the Service Journalism team at kcq@kcstar.com.
This story was originally published May 9, 2022 at 12:27 PM.
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