Missouri stem cells amendment protects fundamental rights Commentary
Missouri stem cells amendment protects fundamental rights
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Ben Johnson [Missouri Coalition for Lifesaving Cures]: ""Salus Populi Suprema Lex Esto" – "Let the welfare of the people be the supreme law." This statement, the official state motto of Missouri, stands as guidance to all those working in service to the public of Missouri. Unfortunately, there are times when some in the state legislature seem to turn their backs on this "supreme law." In their wisdom, the framers of the Missouri State Constitution provided voters an alternative to the power of the legislature for just such times. Through the initiative and petition process, the people can demand a public vote on issues of great importance. This ensures that the people, not the legislators, should have the last word. On November 7, Missourians exercised this most basic right.

With the passage of Amendment 2, the Missouri Stem Cell Research and Cures Initiative, Missourians ensured that they will enjoy the constitutional right to stem cell therapies and cures allowed under federal law and available to other Americans. Amendment 2 was necessary because some state legislators have repeatedly attempted to criminalize some forms of stem cell research and the therapies or cures that might result from that research. This recurring threat led to the formation of the Missouri Coalition for Lifesaving Cures (a coalition of over 100 non-profit patient and medical groups and over 60,000 individual Missouri citizens) and the introduction of Amendment 2.

Amendment 2 is framed around a very simple principle — a principle outlined in the first section of the initiative:

  • "To ensure that Missouri patients have access to stem cell therapies and cures, that Missouri researchers can conduct stem cell research in the state, and that all such research is conducted safely and ethically, any stem cell research permitted under federal law may be conducted in Missouri, and any stem cell therapies and cures permitted under federal law may be provided to patients in Missouri, subject to the requirements of federal law and only the following additional limitations and requirements:"

Missourians embraced this principle of equal treatment as they voted to pass Amendment 2. Since all types of stem cell research are currently permitted under federal law (only federal funding is restricted), Missouri citizens ensured that their politicians would not be able to restrict access to the newest areas of medical research. Voters also made certain that Missouri's world-class medical institutions can proceed in pursuing cures and that these institutions can provide new stem cell treatments in Missouri when they are found. Importantly, Amendment 2 also added additional requirements, beyond federal law, to ensure that research done in Missouri will be conducted ethically and safely. Among these newly enacted requirements is a strict ban on attempting to clone a human being through the initiation of a pregnancy. This offense is now punishable by up to fifteen years in prison. This ban on cloning a human being, along with other additional requirements in Amendment 2, previously did not exist in Missouri or under federal law.

The state constitutional amendment process in Missouri was designed to give citizens the opportunity to protect their individual rights. What right is more fundamental than a citizen's right to equal treatment under laws that govern access to medical therapies and cures? On November 7, Missourians stated clearly that they do not want to be second-class citizens when it comes to decisions about the health of their families. By passing Amendment 2, Missouri voters ensured that these important decisions will be made by patients, their families, and their health care providers, not by politicians in the state capital."

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