Montana Becomes Eighth State to Include Initiative Protecting Abortion in Ballot

Constitutional Protection for Abortion

In a landmark decision, Montana has become the eighth state to put forward a measure safeguarding the right to abortion in their state constitution. This notable move comes ahead of the upcoming November general election. Montana joins seven other states that have put this contentious issue on the ballot.

The initiative in Montana centers on a 1999 Supreme Court ruling, which asserted that the constitutional right to privacy encompasses the right to elect for pre-viability abortion by a healthcare provider of the patient’s choice. Interestingly, this came after the state’s Republican lawmakers approved a law in 2023, contesting that the right to privacy does not extend protection to the right to abortion.

Interactive Ballot Measures

In spite of multiple efforts by opponents to obstruct its inclusion, the measure will be now put to public vote. Initially, Attorney General Austin Knudsen deemed the proposed measure legally deficient. However, after this was overruled by the state Supreme Court, Knudsen revised the ballot language to indicate that the proposed amendment would allow for post-viability abortions, eliminate “the State’s compelling interest in preserving prenatal life” and potentially increase taxpayer-funded abortions.

In a turn of events, the state’s high court composed its language for the petitions. Instances of attempted voter intimidation were reported by signature gatherers. Furthermore, the secretary of state’s office altered the rules to discount the signatures of inactive voters in a break from a nearly 30-year tradition.

Legal Confrontation and Public Support

After another court visit, supporters managed to secure the order to let counties verify the signatures of inactive voters. Buoyed by widespread support, over 81,000 signatures were collected – a significant increase over the minimum requirement of just over 60,000 signatures from registered voters. The campaign needed the signatures to be garnered from a minimum of 40 out of the 100 state House districts. They managed to qualify in 59 districts.

The state’s Republican-controlled legislature had repeatedly attempted to challenge the Supreme Court’s 1999 ruling and pass restrictive abortion laws; however, many of these were blocked by the courts, citing the aforementioned 1999 ruling. In a recent event, a 2013 law was overturned by the state court, thereby removing the need for minors to seek parental permission before undergoing an abortion.

The Broader Picture

In the wake of the US Supreme Court overturning Roe v Wade in 2024, the legality of abortion returned to be a state matter. Since then, seven states have put forward the question of abortion rights before voters. Notably, in all these instances, the supporters of abortion rights emerged victorious.

Whether Montana will follow suit waits to be seen on the upcoming November’s ballot. This historic occasion puts the state on the forefront of the ongoing discussion on reproductive rights and gender inequality that is taking place on a national level.