Tools used during a surgical abortion are sterilized as patients receive care at a clinic in Missoula, Montana, U.S. February 22, 2023. REUTERS/Callaghan O’Hare/ File Photo
Montana Supreme Court Strikes Down Parental Consent Law for Minors Seeking Abortions
Court Ruling Overview
On Wednesday, Montana’s highest court ruled that a 2013 law requiring minors to obtain parental consent before seeking an abortion violated the state constitution. The Montana Supreme Court’s decision, authored by Justice Laurie McKinnon, was unanimous and upheld a legal challenge brought by Planned Parenthood.
In her opinion, Justice McKinnon emphasized that “a minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses.” The court found that the state had not provided sufficient justification for the law, which was intended to protect minors.
Reaction from Planned Parenthood
Martha Fuller, president of Planned Parenthood of Montana, expressed satisfaction with the ruling, stating, “This decision affirms the right to privacy, and we are pleased that the Court upheld the fundamental rights of Montanans today.” The ruling is seen as a significant victory for reproductive rights advocates in the state.
Criticism from State Officials
Montana Attorney General Austin Knudsen, a Republican, sharply criticized the court’s decision. His press secretary, Chase Scheuer, issued a statement declaring, “Today’s decision further proves how radical and out-of-touch the Montana Supreme Court is with their constituents.” This statement reflects ongoing tensions between state officials and the judiciary over abortion rights.
Background of the Law
The parental consent law, passed in 2013, had never taken effect due to the immediate legal challenge from Planned Parenthood. The law included a provision allowing minors to seek a waiver from a judge instead of obtaining parental consent. Despite its passage, the law remained in legal limbo until this week’s court decision.
Impact on Other Abortion Laws in Montana
Wednesday’s ruling does not affect another 2013 law requiring parental notification when a minor seeks an abortion. That law is the subject of a separate legal challenge and remains in place for now.
Abortion Rights in Montana
Since 1999, the Montana Supreme Court has recognized a right to abortion under the state constitution, ensuring that abortion remains legal in the state up until fetal viability, typically around 24 weeks. This protection has persisted even as other Republican-controlled states have enacted more restrictive abortion laws following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, eliminating the nationwide right to abortion.
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