Abortion Rights Ballot Measure to Go Before Montana Voters

Citizens of Montana will have the chance in an upcoming November ballot to decide whether they seek to shield the right to an abortion in the state’s constitution. This makes Montana the eighth out of the total nine states to put this contentious issue before its voters this fall.

Background

Montana’s initiative aims to uphold a 1999 judgment by the Montana Supreme Court. This ruling affirmed that the constitutional right to privacy safeguards the right to an abortion prior to viability by a provider chosen by the patient. This initiative comes as a stark rebuke to the law enacted by the state’s Republican lawmakers in 2023, asserting that privacy rights do not extend to include the right to abortion. To date, this law has not been contested in court.

Debate Surrounding The Initiative

The initiative has not been without opposition – detractors have consistently tried to prevent it from reaching the ballot, and supporters have been compelled to take a number of issues to court. Initially, Republican Attorney General Austin Knudsen determined the proposed ballot measure to be legally insubstantial. Following an overturn by the Montana Supreme Court, Knudsen rewrote the wording to suggest the proposed amendment would sanction “post-viability abortions up to birth” and possibly “increase the number of taxpayer-funded abortions.”

The Supreme Court eventually composed its own phrasing for the petitions seeking signatures, amid reports of some individuals trying to intimidate voters into not signing. There was also controversy when the Secretary of State’s Office reversed a nearly 30-year-old precedent. It changed the rules stating that signatures of inactive voters would not count and retroactively rejected such signatures. Supporters had to again resort to legal action to obtain an order and additional time for counties to validate the signatures of these inactive voters.

Remaining Legal Obstacles

Various attempts have been made by Republican lawmakers to refute the Montana Supreme Court’s 1999 verdict, which include requesting the state Supreme Court itself to overturn it. The Legislature, dominated by Republicans, passed several bills both in 2021 and 2023 to limit abortion access. Several such laws have been obstructed in courts, citing the 1999 ruling of the Montana Supreme Court.

Most recently, the state Supreme Court ruled that minors in Montana do not require parental consent to receive an abortion, effectively annulment a 2013 law. In the wake of the U.S. Supreme Court’s reversal of Roe v. Wade in June 2022, this issue has returned to state legislation. Seven states have already placed abortion-related questions on voter ballots, with each case finding in favor of pro-choice advocates.

Looking Ahead

Though the matter remains politically and emotionally charged, people’s engagement on both sides of the debate implies that a high voter turnout can be expected. Therefore, the upcoming ballot could indeed prove to be a key turning point for abortion rights in Montana and potentially sway the course of similar initiatives in other states. As the nation continues to grapple with this elusive issue, the November vote in Montana will be watched closely by states across the nation.