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Fact check: Would Amendment 3 legalize gender-affirming care for minors? Expert says no

Expert says amendment language is not intended for gender-affirming care
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KANSAS CITY, Mo. — You may have noticed recent political ads from opponents of Missouri's Amendment 3.

The ads state the amendment would legalize gender reassignment surgery for children.

Some Republican politicians, such as Congressman Mark Alford (R-MO), claim it would open the door for "transgender operations without parental consent."

Abortion rights advocacy groups say Amendment 3 has always been about reproductive rights, including abortion care and contraception.

KSHB 41 wanted to get an expert's analysis.

We talked to a Dr. Matt Harris, a political science professor at Park University, about how the public can interpret Amendment 3.

His areas of expertise include American politics, public opinion, political psychology, and media effects, according to his faculty page.

"The meaning of it is pretty clear if you look at all the other stuff that's in there," Harris told KSHB 41 I-Team reporter Sarah Plake.

Harris read the amendment language, which can be found here.

He's referring to number 2 on the amendment, which says: "The Government shall not deny or infringe upon a person's fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."

Harris says opponents are getting hung up on the term "but not limited to."

"To say this opens it up to everything, I don't think that would pass muster in a court," Harris said.

The amendment has no language mentioning gender-affirming care.

We asked Harris if Amendment 3 would take precedence over the current law in Missouri that bans gender-affirming care for minors, including hormone blockers and surgery. Governor Mike Parson signed it into law in 2023.

Harris said no and based his answer on the text of the amendment.

"In order to believe that this would allow for gender-reassignment surgeries for minors, you'd have to think that, one, that is the expressed purpose of this or that, two, courts in Missouri that aren't exactly liberal are going to say, 'Yeah, that's what this means.' And I think it's clear from the text that is not what's intended from this," Harris said.

Harris' takeaway: Amendment 3 is not a free-for-all.

"Even within the context of reproductive freedoms, there are going to be places for the courts because this changes the Missouri constitution, but leaves those other laws on the books."