By The Diary
Aug 15, 2024, 02:20 AM EDT
The Montana Supreme Court has ruled that minors do not need parental permission to obtain an abortion in the state, echoing a lower court ruling that found the state’s 2013 law requiring parental consent for an abortion violates the privacy and equal protection rights of pregnant minors.
The unanimous ruling found that because Montana’s Constitution grants minors the same rights as adults, the Parental Consent for Abortion Law “violates a minor’s fundamental right to control his or her body and destiny” and affirmed the court’s 1999 precedent that access to abortion is protected by the right to privacy outlined in the state’s Constitution.
Right to privacy
“We conclude that minors, like adults, have a fundamental right to privacy, including reproductive autonomy and the ability to make medical decisions affecting their bodily integrity and health in partnership with a chosen health care provider, free from governmental interests,” Judge Laurie McKinnon wrote in the unanimous opinion.
The court’s decision ends a long chapter of litigation over an earlier attempt to put conditions on abortion. The 2013 Consent Act never went into effect because of an early legal challenge from Planned Parenthood and a preliminary injunction that blocked its implementation while the litigation ran its course, the Montana Free Press reported.
“We emphasize that our decision is not based on, nor does it purport to answer, the profound questions about the moral, medical, and social implications of abortion. Those questions are left to the woman to decide for herself. We also recognize that the State has a substantial interest in preserving the family, protecting children, and protecting the rights of parents to raise their children,” McKinnon wrote in the court’s conclusion.
The issue of abortion on the ballot
The ruling comes as voters are asked whether they want to protect the right to a pre-viability abortion in the state constitution, which is expected to be on Montana’s ballot in November, AP reported.
County officials have collected enough signatures to place the issue on the ballot. The Secretary of State’s Office must certify general election ballots by Aug. 22.
The Supreme Court’s decision “affirms the right to privacy, and we are pleased that the Court today upheld Montanans’ fundamental rights,” said Martha Fuller, president and CEO of Planned Parenthood, which challenged the law.
“Concerned and disappointed by the ruling”
The state had argued in the past that the law was necessary to protect minors from sexual victimization, protect their psychological and physical well-being by ensuring they had parents who could monitor post-abortion complications, protect minors from poorly reasoned decisions, and protect the rights of parents to direct the care, custody and control of their children.
Republican Gov. Greg Gianforte said he was “troubled and disappointed” by the ruling, “which states that parents do not have a fundamental right to oversee the medical care of their young daughters.”
According to the Guttmacher Institute, an organization that defends sexual and reproductive health rights, 36 states require parental involvement in a minor’s decision to have an abortion.
Some states require parental notification, while others also require consent.
With information from AP
Continue reading:
- Arizona to put abortion rights on ballot after collecting thousands of signatures
- Utah’s near-total abortion ban will remain blocked by state Supreme Court
- Iowa law banning abortions after 6 weeks of pregnancy goes into effect