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.
Nearly 60% of voters approved the amendment last November to enshrine abortion access in the state constitution. That solidified status quo protections previously upheld in courts.
Martha Fuller, president of Planned Parenthood of Montana, said voters here sent a clear message as other states restrict abortion.
“This is something that could not have been done without broad, widespread support,” Fuller said.
The conservative Montana Family Foundation and two voters filed an emergency challenge against the amendment. The state Supreme Court was skeptical of their arguments. The lawsuit argues the voters did not have access to the amendment language before completing their ballots. Plaintiffs asked the Montana Supreme Court to bypass a lower court and block the amendment before it could take effect.
The state’s high court dismissed their emergency request. They said the plaintiffs didn’t explain why they weren’t able to access the ballot language made available by the Secretary of State.
The Montana Family Foundation said in a newsletter they will now file the case in a district court. The organization said the dismissal is justice delayed, not denied.
