Article Summary –
The group Montanans Securing Reproductive Rights is challenging Republican Attorney General Austin Knudsen in court over his proposed description of an initiative to protect abortion access in Montana’s constitution. The group has asked Montana’s Supreme Court to certify its proposed ballot language and invalidate Knudsen’s, claiming it is “argumentative, prejudicial, and inaccurate.” The proposed ballot initiative is designed to protect the right to make decisions about one’s own pregnancy, including the right to abortion, unless justification can be provided by a compelling government interest.
Montana Abortion Rights Group Challenges Attorney General over Ballot Wording
The fight for maintaining abortion rights in Montana continues, with Montanans Securing Reproductive Rights (MSRR) challenging Republican Attorney General Austin Knudsen over the description of a proposed initiative. The initiative seeks to strengthen protections for abortion access in Montana’s Constitution, and the dispute revolves around its representation on signature petitions and ballots.
On March 26, MSRR filed a motion with the state Supreme Court to certify its proposed ballot language and dismiss Knudsen’s. MSRR claims his version is “argumentative, prejudicial, and inaccurate.” Knudsen’s office was given until March 29 to respond.
MSRR’s proposed ballot initiative includes, among others, constitutional language stating a person’s right to self-directed decisions regarding pregnancy, including the right to abortion. This right “shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means.”
While the Supreme Court of Montana’s 1999 ruling, Armstrong v. State, tied abortion rights to the Montana Constitution’s privacy protections, the Constitution does not explicitly protect abortion access. This absence leaves room for a future court to reverse the precedent.
Chris Coburn, a spokesperson for Montana’s Planned Parenthood chapter, cautioned last November that despite Montana Supreme Court rulings, abortion rights are not necessarily secure (Montana Free Press).
Attorney General Knudsen, who has the authority to review ballot initiatives’ legality, blocked the proposal in January, stating the language violated Montana law against “logrolling” separate issues into one decision for voters. MSRR successfully obtained a court ruling overturning Knudsen’s determination.
Knudsen’s office claims that MSRR’s proposed language does not accurately reflect the initiative’s implications. His alternative phrasing suggests the initiative leaves “fetal viability” and “extraordinary medical measures” to the abortion provider’s subjective judgment, lacking objective legal or medical standards.
In their petition to the court, MSRR attorney Raph Graybill stated Knudsen’s language sidesteps the initiative’s actual provisions, presenting misleading and false assumptions about its effects.
Once the ballot statement matter is resolved, a legislative interim committee has 14 days to review the initiative. Afterward, supporters can start gathering signatures, which are due to county election officials no later than June 21.
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