Montana’s high court reinforced protections for abortion Wednesday. The justices unanimously agreed that a law requiring parental consent for a minor seeking an abortion is unconstitutional.
A majority of justices signed onto an opinion that found the law violates the “fundamental right of a minor to control their body and destiny.” It reaffirms past legal precedent that protects access to abortion under the state Constitution’s right to privacy and equal protection clauses.
The opinion says the state failed to demonstrate why parental consent must be required for abortion and no other medical procedure for minors.
The law originally passed in 2013 and has been tied up in court since.
Martha Fuller, president of Planned Parenthood of Montana, applauded the ruling. She said Montanans deserve access to abortion.
Gov. Greg Gianforte has signed around a dozen anti-abortion bills into law. He said in a statement he’s “deeply concerned and disappointed” by the ruling, saying it erodes parental rights.
While the decision to overturn the law was unanimous, Justice Jim Rice wrote a separate opinion. He criticized the length of time it took the court to resolve the issue, and disagreed with some legal analysis.
