The Montana Supreme Court has ruled that minors do not need their parents’ permission to obtain an abortion in the state. This decision is based on the finding that minors, like adults, have a fundamental right to privacy, which includes making medical decisions affecting their bodily integrity and health. The ruling comes as an initiative is expected to be on the Montana ballot in November to protect the right to a pre-viability abortion in the state constitution. Supporters of the initiative have gathered enough signatures to qualify the issue for the ballot, and the Secretary of State’s Office must certify the general election ballots by August 22.
The parental consent law in Montana was passed by the Legislature in 2013 but was never enforced due to an injunction agreed upon by the attorney general at the time. After a lengthy series of legal proceedings, including judicial substitutions, recusals, and retirements, a state judge ruled in February 2023 that the law violated the constitution. The state argued that the law was necessary to protect minors from sexual victimization, monitor post-abortion complications, prevent poorly reasoned decisions, and uphold parental rights. However, the Supreme Court disagreed, stating that the state does not impose similar limitations on minors seeking other medical or surgical care related to pregnancy.
Planned Parenthood, which challenged the law, celebrated the Supreme Court’s decision as a victory for the right to privacy. Martha Fuller, the organization’s president and CEO, expressed satisfaction that the court upheld the fundamental rights of Montanans. Republican Governor Greg Gianforte, on the other hand, expressed concern and disappointment with the ruling, emphasizing the importance of parents having oversight over their children’s medical care. Currently, 36 states require parental involvement in a minor’s decision to have an abortion, with some requiring notification and others requiring consent, according to the Guttmacher Institute, a policy organization advocating for sexual and reproductive health care rights.
The ruling in Montana reflects a growing divide among states regarding parental consent laws for minors seeking abortions. While some states require parental involvement, others, like Montana, have upheld the right to privacy for minors to make their own medical decisions. As the debate around abortion rights continues to unfold across the country, Montana’s Supreme Court decision adds to the ongoing conversation about the balance between parental rights and individual autonomy in healthcare decisions. With the upcoming initiative on the ballot in November, the people of Montana will have the opportunity to weigh in on the protection of abortion rights in the state constitution.
