In a recent ruling, Montana’s Supreme Court affirmed that minors in the state do not need parental consent to obtain an abortion. The court’s decision was based on the belief that minors, like adults, have a fundamental right to privacy and autonomy over their medical decisions, including those related to procreation and bodily health. Justice Laurie McKinnon emphasized the importance of minors being able to make such decisions in conjunction with a chosen healthcare provider without government interference.
This ruling coincides with an upcoming initiative on the Montana ballot in November that seeks to protect the right to a pre-viability abortion in the state constitution. The initiative, which has garnered enough signatures to qualify for the ballot, awaits certification by the Secretary of State’s Office by August 22nd.
The parental consent law, passed by the Legislature in 2013 but never enforced due to legal challenges, was deemed unconstitutional by a state judge in February 2023. The judge’s ruling was based on a previous Montana Supreme Court decision affirming the right to privacy, which includes the right to access a pre-viability abortion from a chosen healthcare provider.
Planned Parenthood, the organization that contested the parental consent law in court, expressed satisfaction with the Supreme Court’s decision, noting that it upholds the fundamental rights of individuals in Montana. The state had argued that the law was intended to protect minors from harm and safeguard parental rights; however, the justices found that the law imposed restrictions not applied to other types of medical care sought by minors.
According to the Guttmacher Institute, a policy organization advocating for sexual and reproductive health rights, 36 states in the U.S. require some form of parental involvement in a minor’s decision to undergo an abortion, with variations in requirements such as notification or consent.