The Montana Supreme Court has upheld a lower court decision striking down several abortion restrictions passed in 2021, ruling they violate the state constitution. The laws included a ban on abortions after 20 weeks of pregnancy.
These measures, approved by Republican lawmakers in 2021, had been blocked since a judge issued a preliminary injunction that same year. While the legal case was ongoing, Montana voters passed an initiative enshrining the right to abortion in the state constitution.
In its ruling on Monday, the court said the Montana Constitution guarantees a “right to be left alone” and access to abortion services. The justices noted this right remains intact despite the 2022 U.S. Supreme Court decision that overturned Roe v. Wade and ended federal protections for abortion.
The 2021 laws also banned telehealth prescriptions for abortion medication, imposed a 24-hour waiting period after giving informed consent, and required providers to offer patients the option to view an ultrasound or listen to the fetal heartbeat. Planned Parenthood of Montana had challenged these restrictions.
The court referenced a 1999 Montana Supreme Court decision affirming that the state constitution’s right to privacy includes a woman’s right to obtain an abortion before fetal viability from her chosen provider.
Montana’s state government has argued that the 1999 ruling was incorrect and has repeatedly sought to overturn it. In 2023, the Legislature passed new bills aiming to restrict abortion access.
The 2022 voter initiative securing abortion rights passed with 58% support.
However, on Monday, the Montana Family Foundation, an anti-abortion group, filed a lawsuit challenging the voter-approved amendment. The group claims that some voters who registered on Election Day did not have the opportunity to fully review the initiative, since the ballot included only a summary. The full text was sent in a pamphlet mailed to registered voters.
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