TO:     Members of the Missouri House of Representatives

FROM: Larry Weber, Executive Director and General Counsel, Missouri Catholic Conference

DATE:  March 25, 2008

RE:      HCS/HB 2007 appropriations for human life science research

Section 7.020 of HCS HB 2007 allows taxpayer money to be used for human life sciences research, and provides no effective protection against such funds being used for unethical research including human cloning and embryonic stem cell research.   The Missouri Catholic Conference opposes provisions in Section 7.020 of HCS/HB 2007 allowing funds to be used for human life sciences research, and calls upon all members of the Missouri House of Representatives to eliminate such funds from the state budget.

The House Budget Committee adopted an amendment to HCS/HB 2007 appropriating $25,230,465 to the Life Science Research Board for human life sciences research.  This amendment, found at Section 7.020 of the bill, reads as follows: “These funds shall be used exclusively on animal science, plant science, medical devices, biomaterials and composite research, nanotechnology related to drug development and delivery, clinical imaging, and information technology related to human health.”  Unlike appropriations in last year’s state budget which were limited to use for plant and animal research and to which the Missouri Catholic Conference acquiesced, this amendment REQUIRES taxpayer money to be used for human life sciences research.

Unfortunately, Article III, Section 38(d) of the Missouri Constitution (subsections 2(7), 5 and 7 of Section 38(d)) renders unenforceable restrictions similar to those contained in the last sentence of Section 7.020 of HCS/HB 2007.  Subsection 5 of this section specifically provides:

“To ensure that no governmental body or official arbitrarily restricts funds . . . as a means of inhibiting lawful stem cell research or stem cell therapies and cures, no state or local government body or official shall eliminate, reduce, deny or withhold any public funds provided or to be provided to a person that . . . lawfully conducts stem cell research . . .”

Further reiterating the point, subsection 7 of Article III, Section 38(d) provides that:

“No state or local law . . . shall . . . restrict, obstruct, or discourage any stem cell research or stem cell therapies or cures that are permitted by this section . . . or . . . create disincentives for any person to engage in  . . . such research . . . “ 

The language of Article III, Section 38(d) very clearly prohibits restrictions such as those provided in Section 7.020 of HB 2007.  If there is any doubt on the clarity of the matter, subsection 7 of Article III, Section 38(d) provides that all doubtful language shall be “construed in favor of the conduct of stem cell research and the provision of stem cell therapies and cures.”

A rather disingenuous claim was made to the House Budget Committee when considering the amendment that pro-life groups in the state Capitol had agreed to the amendment, and that the research encompassed within the amendment does not encompass unethical research involving human cloning or embryonic stem cell research that destroys nascent human life.  The statements regarding consultation with pro-life groups are absolutely false – although representatives of the Missouri Catholic Conference and other pro-life groups were available in the Capitol on the day the amendment was offered and adopted and that the statements were made regarding support for the amendment, at no time prior to the amendment to HB 2007 was the language shown to representatives of the Missouri Catholic Conference or was the Catholic Church’s position regarding the amendment solicited.  Furthermore, the claim that the amendment prohibits unethical research completely misses the point: Article III, Section 38(d) renders completely unenforceable such restrictions and protects ALL sorts of research within the scope of the amendment.  Specifically, Article III, Section 38(d) protects ALL forms of stem cell research, defined by the constitutional provision as “any scientific or medical research involving stem cells.” (emphasis added).  Claiming that the language of the amendment does not allow for unethical research involving human cloning or embryonic stem cell research completely misses the point when considering that any such restrictions are void under the Constitution.

Furthermore, some claim that there is little likelihood that human life sciences researchers or others will litigate to declare the invalid research restrictions in Section 7.020 void.  First, one has to consider that such litigation might be unnecessary if the governor, an avowed supporter of human embryonic stem cell research and human cloning practices, chooses to ignore the invalid restrictions contained in HB 2007.  Second, once either such funding is allowed, either by gubernatorial failure to comply with the restrictions or by court decision, subsection 5 of Article III, Section 38(d) of the Constitution provides that no “state or local governmental body or official shall eliminate, reduce, deny, or withhold any public funds provided or eligible to be provided to a person that….lawfully conducts stem cell research…”  In other words, once funding is commenced for human stem cell research, it is impossible to reduce or restrict such funding solely for ethical purposes.  Future legislatures could be bound to continue such funding if in fact such funding is ever allowed.

Section 7.020 of HCS HB 2007 allows taxpayer money to be used for human life sciences research, and provides no effective protection against such funds being used for unethical research including human cloning and embryonic stem cell research.   The Missouri Catholic Conference opposes provisions in Section 7.020 of HCS/HB 2007 allowing funds to be used for human life sciences research, and calls upon all members of the Missouri House of Representatives to eliminate such funds from the state budget.