Missouri Revised Statutes

Mo. Rev. Stat. § 188.210 (2026)

Public employees, activities prohibited, when

✓ current as of May 2026

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188.210. Public employees, activities prohibited, when. — It shall be unlawful for any public employee within the scope of his employment to perform or assist an abortion, not necessary to save the life of the mother. It shall be unlawful for a doctor, nurse or other health care personnel, a social worker, a counselor or persons of similar occupation who is a public employee within the scope of his public employment to encourage or counsel a woman to have an abortion not necessary to save her life.

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(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.).

(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.).

(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.

Notes of Decisions

Cited in 4 cases, 1987–1989 · leading case: Webster v. Reproductive Health Servs., 492 U.S. 490 (1989).

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Webster v. Reproductive Health Servs., 492 U.S. 490 (1989). · cites it 2× “Given Missouri's definition of "public facility" as "any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by this state or any agency or political subdivisions thereof," § 188.”

Reproductive Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987). · cites it 3× “Further, defendants insist that even if Sections 188.210 and 188.215 must fail, Section 188.”

State v. O'BRIEN, 784 S.W.2d 187 (Mo. Ct. App. 1989). · cites it 2× “029 requiring a physician who has reason to believe that a woman is carrying an unborn child of twenty or more weeks, to determine whether the child is viable; and (4) unanimously held moot other sections of the Act relating to public employees "encouraging or counseling a woman…”

Reproductive Health Servs. v. Webster, 655 F. Supp. 1300 (W.D. Mo. 1987). · cites it 3× “Further, defendants insist that even if Sections 188.210 and 188.215 must fail, Section 188.”

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