Missouri HJR 142: Proposes a constitutional amendment establishing the right to make medical decisions, including decisions on gender-affirming care

Bill Text

SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 142
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FUCHS.
5595H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment to Article I of the Constitution
of Missouri, by adopting one new section relating to the right to medical freedom.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next
2 following the first Monday in November, 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article I of the Constitution of the state of
5 Missouri:
Section A. Article I, Constitution of Missouri, is amended by adopting one new
2 section, to be known as Section 37, to read as follows:
Section 37. 1. Every individual has the right to make and carry out his or her
2 own medical decisions without government interference as long as any such decision:
3 (1) Is made freely by the individual;
4 (2) Is supported by a licensed physician; and
5 (3) Is consistent with widely accepted and evidence-based standards of care.
6 2. The state shall not, directly or indirectly, burden, penalize, prohibit, interfere
7 with, or discriminate against:
8 (1) An individual's voluntary exercise of the right established in this section; or
9 (2) A person or entity that assists an individual exercising the right established in
10 this section
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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12 unless the state demonstrates that the state is using the least restrictive means to
13 advance the individual's health in accordance with widely accepted and evidence-based
14 standards of care.
15 3. The right established in this section includes the right for individuals eighteen
16 years of age or older to make and carry out their own gender-affirming care decisions
17 including, but not limited to:
18 (1) Decisions on the administration of cross-sex hormones for the purpose of
19 gender-affirming care; and
20 (2) Decisions on gender-affirming medical procedures including, but not limited
21 to, the following medical procedures:
22 (a) Any of the following chest or top surgeries:
23 a. Mastectomy; or
24 b. Breast augmentation;
25 (b) Any of the following facial feminization or masculinization surgeries:
26 a. Forehead contouring;
27 b. Rhinoplasty (nose reshaping);
28 c. Jaw and chin contouring;
29 d. Cheek augmentation;
30 e. Lip lift or augmentation;
31 f. Adam's apple reduction (tracheal shave);
32 g. Cheekbone contouring;
33 h. Forehead augmentation;
34 i. Body contouring;
35 j. Liposuction or fat redistribution; or
36 k. Hip augmentation or waist reduction;
37 (c) Any of the following genital or bottom surgeries:
38 a. Vaginoplasty (creation of a neovagina using penile and scrotal tissue);
39 b. Orchiectomy (removal of the testes);
40 c. Vulvoplasty;
41 d. Phalloplasty;
42 e. Metoidioplasty;
43 f. Scrotoplasty;
44 g. Hysterectomy; or
45 h. Oophorectomy;
46 (d) Any of the following voice or airway surgeries:
47 a. Feminization laryngoplasty; or
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48 b. Any voice-deepening procedure;
49 (e) Any reproductive surgery, including fertility preservation options;
50 (f) Hairline advancement; and
51 (g) Body-hair removal.
52 4. As used in this section, the term "state" includes any state governmental
53 entity and any political subdivision.
✔
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