Montana Supreme Court Strikes Down Abortion Laws, Pro-Life Group Challenges Decision
Montana’s Supreme Court recently struck down three pro-life laws, deeming them “unconstitutional.”
The laws included:
- House Bill 136, which would have outlawed abortions after 20 weeks of pregnancy (except if necessary to protect the mother’s health).
- House Bill 140, which would have required abortion providers to give patients the option of hearing their baby’s heartbeat or seeing an ultrasound.
- House Bill 171, which would have limited access to abortion pills.
All three laws were initially signed by Montana Governor Greg Gianforte in 2021, but Planned Parenthood was quick to oppose them.
Justice Beth Baker argued the bills violated Montana women’s right to privacy. She claimed the Armstrong Decision (a 1999 Montana Supreme Court ruling), protected mothers’ access to abortion before a fetus is viable,
“Armstrong thus explicitly and unequivocally acknowledged that the right of individual privacy — encompassing the right to personal and procreative autonomy — is protected separately under Montana’s right to privacy, a broader provision independent of federal law.”
However, the state previously argued this 1999 ruling was wrongly decided and has tried to overturn it several times. Gov. Gianforte and Attorney General Austin Knudsen are continuing that fight in this case.
In a statement criticizing the ruling, Gov. Gianforte said:
Clinging to a shaky, outdated ruling and failing to account for the U.S. Supreme Court’s decisions, these activist justices aren’t interpreting the law. They’re overreaching, making law from the bench and rejecting the will of Montanans’ duly-elected representatives who make laws.
Montana Representative Amy Reiger, who sponsored the bill giving mothers the option to view an ultrasound, said the law aimed to provide women with “good, informed consent.”
She added, “I would say this bill does protect women … My question to Planned Parenthood is, ‘What are you afraid of expecting mothers seeing?'”
In 2024, 58% of Montana voters approved the decision to include abortion rights in Montana’s constitution, ultimately leading to these three laws being struck down.
The Montana Family Foundation (MFF), a Focus on the Family-allied state family policy council, filed a lawsuit on June 9 challenging the addition of abortion rights to the Montana constitution.
The MFF claims that voters who registered on Election Day did not receive enough information on the issue, as the ballot only contained a summary. The full text describing the inclusion of abortion rights had been previously mailed to registered voters.
Let us hope truth will prevail in this case, and the rights of preborn babies and their mothers will be protected by Montana lawmakers.
Related Articles and Resources
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Pro-Life, Free Speech Win: Federal Appeals Court Blocks Kentucky ‘Buffer Zone’ Ordinance
Proposed Budget Bill Defunds Abortion Providers Like Planned Parenthood
Arkansas Allocates $2 Million to Pregnancy Help Organizations
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