Case: Rev. Blackmon v. Missouri

2322-CC00120 | Missouri state trial court

Filed Date: Jan. 19, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 19, 2023, a group of religious leaders who support abortion rights filed this lawsuit in the Circuit Court of St. Louis City (Missouri state trial court) challenging the state’s Total Abortion Ban (H.B. 126), Gestational Age Bans (H.B. 126), Reason Ban (H.B. 126), 72-Hour Delay (H.B. 1307), Same-Physician Requirement (S.B. 5), Medication Abortion Restrictions (S.B. 5), and Concurrent Original Jurisdiction Provision (S.B. 5). This lawsuit, filed against the state of Missouri, the Gove…

On January 19, 2023, a group of religious leaders who support abortion rights filed this lawsuit in the Circuit Court of St. Louis City (Missouri state trial court) challenging the state’s Total Abortion Ban (H.B. 126), Gestational Age Bans (H.B. 126), Reason Ban (H.B. 126), 72-Hour Delay (H.B. 1307), Same-Physician Requirement (S.B. 5), Medication Abortion Restrictions (S.B. 5), and Concurrent Original Jurisdiction Provision (S.B. 5). This lawsuit, filed against the state of Missouri, the Governor, and the Attorney General of Missouri, claimed that lawmakers openly invoked their religious beliefs while drafting the measures and thereby imposed those beliefs on others who don’t share them. The religious leaders asserted that by doing so, the laws violated Article I, Sections 5, 6, and 7 of the Missouri Constitution, which deal with the separation of religion and government. Represented by the National Women's Law Center, Americans United for Separation of Church and State, and private counsel, the group of religious leaders sought (1) a permanent injunction prohibiting Missouri from enforcing the challenged abortion laws and their implementing regulations, (2) a declaratory judgment stating that the challenged abortion laws violated Article I, Sections 5, 6, and 7 of the Missouri Constitution, (3) equitable remedy of recoupment to the State of all monies expended in connection with the challenged abortion laws, and (4) attorneys’ fees and costs. This case was assigned to Judge Jason M. Sengheiser. 

On February 28, 2023, the prosecuting attorneys of four counties filed a motion to dismiss and on March 9, the state of Missouri filed its own motion to dismiss. Both motions are pending before the court. This case remains ongoing.

Summary Authors

Kathleen Lok (3/17/2023)

Documents in the Clearinghouse

Document

2322-CC00120

Missouri Trial Court Docket 2322-CC00120

March 17, 2023

March 17, 2023

Docket

2322-CC00120

Petition for Injunctive and Declaratory Relief

Jan. 19, 2023

Jan. 19, 2023

Complaint

Resources

Docket

Last updated Aug. 30, 2023, 1:25 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 19, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

13 religious leaders who support abortion rights and come from diverse faith traditions, including multiple denominations of Christianity, Unitarian Universalism, and Judaism.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri, State

Governor, State

Attorney General, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Complete abortion ban

Mandatory delay

Medication abortion

Time-based abortion prohibition

Reproductive health care (including birth control, abortion, and others)

Abortion