A bill aimed at removing protections for abortion access in Montana has advanced through the state Senate.
The bill would add language to state law saying that the state’s right to privacy does protect access to abortion, which was the conclusion of the 1999 Amstrong decision from the Montana Supreme Court. Republican Sen. Keith Regier of Kalispell says that the high court’s decision was wrong, and that a pregnant person is not entitled to an individual right to privacy to seek an abortion.
The bill would not amend the state’s Constitution. Opponents say it exceeds the Legislature’s authority by interpreting the state constitution, which they say is the responsibility of the courts.
The Montana Senate passed the bill largely along party lines with some Republicans joining Democrats in opposition. It’s likely to clear third reading and move onto the state House of Representatives for consideration.
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A conservative group is suing the state over a 2024 ballot initiative enshrining abortion access in the Montana Constitution. And Montanans will soon be able to apply for a property tax rebate approved by state lawmakers earlier this year.
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Montana’s newest constitutional right took effect this month — the right to terminate a pregnancy. A challenge to its legality is trying to find footing.
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The Montana Supreme Court Monday threw out three abortion-related laws passed in 2021. The justices ruled the laws violated the right to privacy outlined in the state Constitution.
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A Helena judge struck down several laws restricting abortion access and ruled they’re unconstitutional. The laws and one state health department rule were adopted by Republican policymakers in 2023.