Article Summary –
The Montana Supreme Court ruled that the 2013 Parental Consent for Abortion Act is unconstitutional, emphasizing that it violates minors’ rights to privacy and equal protection as guaranteed by the state constitution. The court found no significant relationship between the statute and the state’s interest in protecting minors, noting that minors have the autonomy to make other significant medical decisions without parental consent. The ruling has been praised by Planned Parenthood for upholding fundamental rights but criticized by state officials and conservative groups who argue it undermines parental authority.
The Montana Supreme Court ruled that a 2013 law requiring parental consent for minors to obtain an abortion is unconstitutional, violating a minor’s right to privacy and equal protection.
The decision by Justice Laurie McKinnon upheld a 2023 state district court ruling and followed oral arguments from attorneys for the state and Planned Parenthood of Montana. The unanimous ruling emphasized that the Montana Constitution grants minors the same rights as adults, making the Parental Consent for Abortion Act unconstitutional.
McKinnon wrote that while the state has interests in preserving the family and protecting minors, these interests must be narrowly tailored and related to legit legislative goals. The ruling also cited the court’s 1999 precedent that abortion access is protected by the right to privacy in the state constitution.
This decision ends long litigation over the 2013 Consent Act, which never took effect due to early legal challenges by Planned Parenthood. The ruling does not affect another 2013 law requiring parental notification for a minor’s abortion, which remains in litigation.
Planned Parenthood of Montana President Martha Fuller praised the decision for upholding privacy and fundamental rights. Conversely, spokesperson for Attorney General Austin Knudsen criticized the ruling as “radical and out-of-touch,” highlighting public support for the notification act in 2012.
Attorneys in Knudsen’s office argued that Montana law allows the state to restrict minors’ rights to protect them, citing the Consent Act of 2013 as an example. They emphasized the critical role of parental involvement in minors’ life decisions and highlighted the “judicial bypass” provision for cases of abuse.
The court rejected these arguments, citing a precedent from an earlier case, Weems v. State, which confirmed that “abortion care is safe and presents minimal health risk.” The court found the state failed to show how the Consent Act would prevent sexual abuse of minors.
The ruling stated the Consent Act created two classes of pregnant minors, applying restrictions only to those seeking abortions, and deemed the state’s argument for protecting minors from immature decisions as illogical.
Montana Family Foundation’s legal counsel, Derek Oestreicher, called the decision “radical” and predicted that it might influence ongoing litigation about parental notification for minors’ abortions. The Montana Supreme Court is currently reviewing other abortion limitations passed by lawmakers in recent years.
An appeal of another district court case striking down 2021 abortion prohibitions is also pending.
—
Read More Montana News
