Montana Supreme Court rules parental consent for abortion law unconstitutional

Aug 15

Lauren Taylor Anchor/Reporter

By Lauren Taylor (Anchor/Reporter), Mirlie Larose (Producer), Mathew Grisham (Digital Producer), Jack Henry (Video Editor)

In a landmark decision, the Montana Supreme Court ruled on Wednesday, Aug. 14, that minors do not need their parents’ permission to get an abortion within the state. The court ruled that the law violates the privacy clause of the state constitution.

Bias Distribution Powered by Ground News™

The high court agreed with a lower court ruling in a unanimous decision. Justice Laurie McKinnon spoke about the decision, saying minors have “a fundamental right to privacy.”

Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.

Point phone camera here

Planned Parenthood of Montana celebrated the decision. President and CEO Martha Fuller praised the court in a statement, saying, “This decision affirms the right to privacy and we are pleased that the court upheld the fundamental rights of residents of Montana.”

Not everyone agrees with the ruling. Montana Attorney General Austin Knudsen criticized it, with a spokesman saying the court “further proves how radical and out-of-touch the Montana Supreme Court is.”

The law requiring parental consent for minors to get abortions dates back to 2013. It was immediately challenged by Planned Parenthood. The law never actually came into effect. As an alternative to parental consent, the state allowed minors to seek a judge’s waiver.

During legal proceedings, the state argued for the law in a number of ways, including protection from sexual victimization, providing helpful medical history, and the enhancement of minor’s physical and mental well-being.

The Montana Supreme Court has recognized a right to abortion under the state constitution since 1999. Despite changes at the federal level over time, abortion remains legal in Montana up to 24 weeks, even as other states have moved to restrict or ban it.

Tags: Abortion, Children, Health, Montana, Planned Parenthood

Lauren Taylor:

WE’VE GOT A BIG LEGAL UPDATE FOR YOU. ON WEDNESDAY, MONTANA’S HIGHEST COURT MADE A LANDMARK DECISION ABOUT ABORTION RIGHTS IN THE STATE. THE COURT RULED THAT A LAW REQUIRING MINORS TO GET PARENTAL CONSENT FOR AN ABORTION VIOLATES THE STATE CONSTITUTION.

ACCORDING TO JUSTICE LAURIE MCKINNON, MONTANA FAILED TO PROVE THAT THE LAW WAS NECESSARY TO PROTECT MINORS.

PLANNED PARENTHOOD OF MONTANA IS CELEBRATING THE UNANIMOUS RULING. THE PRESIDENT OF THE ORGANIZATION SAYING IN A STATEMENT, “THIS DECISION AFFIRMS THE RIGHT TO PRIVACY AND WE ARE PLEASED THAT THE COURT UPHELD THE FUNDAMENTAL RIGHTS OF RESIDENTS OF MONTANA.”

BUT NOT EVERYONE IS ON BOARD WITH THE DECISION.

THE SPOKESPERSON FOR MONTANA’S ATTORNEY GENERAL CRITICIZED THE RULING CALLING IT, “RADICAL AND OUT-OF-TOUCH WITH THEIR CONSTITUENTS.”

THE LAW WAS PASSED BACK IN 2013 BUT INSTEAD OF GOING INTO EFFECT AS INTENDED IT WAS CHALLENGED BY PLANNED PARENTHOOD. AS AN ALTERNATIVE OF PARENTAL CONSENT, THE STATE ALLOWED MINORS TO SEEK A JUDGE’S WAIVER.

THE DECISION MADE ON WEDNESDAY DOESN’T AFFECT A SEPARATE 2013 LAW THAT REQUIRES PARENTS TO BE NOTIFIED WHEN THEIR MINOR CHILD SEEKS AN ABORTION. THAT LAW IS FACING ITS OWN LEGAL CHALLENGES.

SINCE 1999, MONTANA’S SUPREME COURT HAS RECOGNIZED A RIGHT TO ABORTION UNDER THE STATE CONSTITUTION. DESPITE CHANGES AT THE FEDERAL LEVEL, ABORTION REMAINS LEGAL IN MONTANA UP TO ABOUT 24 WEEKS, EVEN AS OTHER STATES HAVE MOVED TO RESTRICT OR BAN IT.

WE’LL CONTINUE TO FOLLOW THIS STORY AS IT CONTINUES TO DEVELOP – AND YOU CAN TOO. DOWNLOAD THE STRAIGHT ARROW NEWS APP – AND SIGN UP FOR NEWS UPDATES SO YOU NEVER MISS A STORY