By The Montana Supreme Court has unanimously ruled that minors in the state do not require parental permission to obtain an abortion. This decision, delivered on Wednesday, August 14, 2024, upholds a lower court ruling that found the parental consent law violates the privacy clause in the state constitution.
Justice Laurie McKinnon, writing for the court, stated, “We conclude that minors, like adults, have a fundamental right to privacy, which includes procreative autonomy and making medical decisions affecting his or her bodily integrity and health in partnership with a chosen health care provider free from governmental interest.”
This ruling comes at a significant time, as Montana voters are expected to face a ballot initiative in November 2024 asking whether they want to protect the right to a pre-viability abortion in the state constitution. Supporters of the initiative claim that county officials have verified enough signatures to qualify the issue for the ballot, with the Secretary of State’s Office required to certify general election ballots by August 22.
The parental consent law, passed by the Montana Legislature in 2013, had been blocked by an injunction agreed to by the attorney general at the time and never took effect. A series of judicial substitutions, recusals, and retirements delayed a ruling until February 2023, when a state judge ruled that the law violated the constitution based on a 1999 Montana Supreme Court decision.
Martha Fuller, president and CEO of Planned Parenthood, which challenged the law, expressed satisfaction with the decision, saying it “affirms the right to privacy and we are pleased that the Court upheld the fundamental rights of Montanans today.”
The state had argued that the law was necessary to protect minors from sexual victimization, ensure parental involvement in post-abortion complications, protect minors from poorly reasoned decisions, and safeguard parental rights. However, the justices disagreed, noting that the state “imposes no corresponding limitation on a minor who seeks medical or surgical care otherwise related to her pregnancy or her child.”
Republican Governor Greg Gianforte expressed disappointment with the ruling, stating he was “concerned and disappointed” that it “states parents do not have a fundamental right to oversee the medical care of their young daughters.”
This decision places Montana among the minority of states regarding parental involvement in minors’ abortion decisions. According to the Guttmacher Institute, 36 states require some form of parental involvement, either through notification or consent.
The ruling highlights the ongoing debate surrounding abortion rights and parental rights in the United States. It also underscores the significance of state constitutions and their interpretation in shaping reproductive rights policies, especially in the wake of recent federal changes to abortion law.
As Montana prepares for a potential ballot initiative on abortion rights, this Supreme Court decision is likely to play a crucial role in shaping public discourse and potentially influencing voter decisions in the upcoming election.
