188.210. Public employees, activities prohibited, when. - Missouri Statutes

Public employees, activities prohibited, when.

188.210. It shall be unlawful for any public employee withinthe scope of his employment to perform or assist an abortion, notnecessary to save the life of the mother. It shall be unlawfulfor a doctor, nurse or other health care personnel, a socialworker, a counselor or persons of similar occupation who is apublic employee within the scope of his public employment toencourage or counsel a woman to have an abortion not necessary tosave her life.

(L. 1986 H.B. 1596 § 3)

(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.210 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D.Mo. 1987).

(1988) United States Court of Appeals for the Eighth Circuit affirmed the district court's judgment that this section is unconstitutional. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir. 1988).

(1989) United States Supreme Court reversed the holding of the lower courts and held that prohibition of use of public funds to perform or to assist in performing nontherapeutic abortions was not a violation of the U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct. 3040.