Montana Supreme Court declares 2021 abortion restrictions
unconstitutional
[June 11, 2025]
HELENA, Mont. (AP) — Montana's Supreme Court upheld a lower court
ruling that struck down as unconstitutional several laws restricting
abortion access, including a ban beyond 20 weeks of gestation.
The measures approved by Republican lawmakers in 2021 had been blocked
since a judge issued a preliminary injunction against them that year.
While the case was pending, voters passed an initiative that enshrined
the right to abortions in the Montana Constitution.
Justices said in Monday's ruling that the state constitution included a
“right to be left alone" and have access to abortions. They said that
right was not affected by a 2022 U.S. Supreme Court ruling that
overturned Roe v. Wade and ended a half-century of nationwide abortion
rights.
The Montana laws also included a prohibition against telehealth
prescriptions of abortion medication, a 24-hour waiting period after
giving informed consent, and a requirement for providers to give
patients the option of viewing an ultrasound or listening to the fetal
heart tone. Planned Parenthood of Montana challenged the measures.
Justices cited a 1999 Montana Supreme Court ruling that said the state
constitution’s right to privacy includes a woman’s right to obtain an
abortion before the fetus is viable from the provider of her choice.
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The Montana Senate debates a bill during transmittal week in the
state Capitol, March 5, 2025, in Helena, Mont. (Thom
Bridge/Independent Record via AP, File)
The state argued that the 1999 ruling was wrongly decided and has tried
unsuccessfully on several occasions to get the Montana Supreme Court to
overturn it. The Legislature in 2023 passed another slate of bills
seeking to limit abortion access.
Last year's initiative to make abortion a constitutional right in the
state passed with backing from 58% of voters.
An anti-abortion group called the Montana Family Foundation on Monday
filed a lawsuit challenging the voter-approved initiative. The group
claims voters who registered on Election Day were denied the chance to
fully review the initiative because the ballot included only a summary.
The full text was in a pamphlet mailed to registered voters.
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