In a significant decision, Montana’s Supreme Court has affirmed a previous verdict by a lower court, declaring multiple laws aimed at restricting abortion access unconstitutional. These laws, which were promoted by Republican lawmakers in 2021, included a ban on abortions beyond 20 weeks of gestation. The enforcement of these measures had been interrupted when a judge issued a preliminary injunction against them that same year. During the legal proceedings, the people of Montana voted to secure abortion rights within the state constitution.
In its ruling on Monday, the court emphasized that the Montana Constitution guarantees individuals the “right to be left alone,” which encompasses the right to access abortion services. The court clarified that this right was not annulled by the 2022 U.S. Supreme Court decision that reversed Roe v. Wade, thereby concluding a 50-year era of nationwide abortion rights.
The overturned Montana laws also featured prohibitions on telehealth prescriptions for abortion medication, imposed a 24-hour waiting requirement after informed consent was given, and mandated that providers offer patients the choice of viewing an ultrasound or listening to the fetal heart tone. These regulations were challenged in court by Planned Parenthood of Montana.
The court’s decision referenced a 1999 Montana Supreme Court ruling, which asserted that the state constitution’s right to privacy encompasses a woman’s right to choose to have an abortion before the fetus reaches viability, with a provider of her preference. The state contended that this 1999 ruling was wrongly decided and has made numerous unsuccessful attempts to have the Montana Supreme Court overturn it. Despite these efforts, another set of legislative measures to limit abortion access was enacted by the state legislature in 2023.
In the previous year, an initiative to constitutionally safeguard abortion rights in Montana was approved by 58% of voters. However, this initiative has faced opposition. On Monday, a lawsuit was filed by the anti-abortion group, Montana Family Foundation, which contests the voter-approved initiative. The group argues that voters who registered on Election Day were not granted a full opportunity to examine the initiative, as the ballot contained only a summary while the comprehensive text was included in a pamphlet dispatched to registered voters.