Article Summary –
A state district court judge in Yellowstone County has deemed three Republican-backed abortion restrictions passed in 2021 as unconstitutional. The laws aimed to limit abortions after 20 weeks of pregnancy, widely prohibit medication abortions provided via telemedicine, and mandate that providers offer patients an ultrasound and the chance to listen to a “fetal heart tone.” The judge’s ruling referenced violations of privacy, equal protection and free speech, citing the need for these regulations to arise from the professional judgment of the medical community, rather than legislators’ personal beliefs.
Montana Judge Rules Abortion Restrictions Unconstitutional
Three Republican-backed abortion restrictions in Montana have been deemed unconstitutional by a state district court judge in Yellowstone County. This is a significant setback for conservatives who seek to limit when and how abortions are carried out in Montana, and a victory for advocates of reproductive rights.
The lengthy case brought forward by Planned Parenthood of Montana pertains to three laws from the 2021 Legislature that sought to limit abortions after 20 weeks of pregnancy, broadly prohibit medication abortions provided through telemedicine, and mandate medical providers to offer patients an ultrasound. The laws proposed criminal or civil penalties for violations by medical providers.
The ruling by District Court Judge Kurt Krueger permanently enjoined all three laws on the grounds of constitutional violations relating to privacy, equal protection, free speech, and vagueness concerning criminal penalties.
Krueger repeatedly referred to the Montana Supreme Court decision in Armstrong v. State, the 1999 ruling that found pre-viability abortion to be constitutional under the state constitution’s right to privacy. This, Krueger labeled as the bedrock of Montana’s abortion rights that obliges the state to identify a compelling state interest to regulate abortion care.
Commenting on the ruling, Planned Parenthood of Montana president and CEO, Martha Fuller expressed relief and affirmed the organization’s commitment to challenging any abortion restrictions passed by the state Legislature.
Statements from Attorney General Austin Knudsen’s office and Gov. Greg Gianforte’s spokesperson showed their disappointment with the ruling. The state’s attempt to defend the laws, outlining its authority to regulate medical procedures and providers and its interests in preventing unnecessary fetal loss, protecting fetuses from pain, and protecting patients from complications associated with late-term abortions, was insufficient according to Krueger.
Krueger found the state’s evidential support for restrictions in House Bill 171 and House Bill 140 also lacking. HB 171 was said to violate the right to privacy, banning a critical method of treatment while purporting to protect patients’ rights. As for HB 140, Krueger said the law wrongly obliged speech for medical providers.
As of this writing, there’s no word from the attorney general’s office regarding the state’s intention to appeal Krueger’s order to the Montana Supreme Court. A notice of appeal had not been filed.
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