Montana Attorney General Austin Knudsen’s petition to the U.S. Supreme Court (SCOTUS) for a review of a Montana Supreme Court decision concerning parental rights in abortion cases has gained significant support. Five amicus briefs were filed urging SCOTUS to reverse a decision that, according to Knudsen, puts the health and safety of children at risk by denying parents the right to consent to abortions for their minor children.
The briefs were filed by a coalition of 18 states, 43 organizations, Americans United for Life, Heartbeat International, and Montana Governor Greg Gianforte. Each brief stresses the importance of upholding parental rights and the protection of minors’ well-being when it comes to decisions like abortion. The briefs argue that parents have a federal fundamental right to guide their children’s health care decisions, a right they contend was wrongly dismissed by the Montana Supreme Court in favor of a minor’s privacy rights.
The case stems from a 2013 Montana law, House Bill 391, which requires parental consent for a minor to undergo an abortion. The law was enacted under former Governor Steve Bullock but was later challenged by Planned Parenthood of Montana. The case was dormant for nearly a decade until Knudsen revived it, seeking to reinforce parental rights and protect minors.
In its ruling, the Montana Supreme Court found that a minor child’s right to privacy — specifically, their right to obtain an abortion — took precedence over the parents’ right to be involved in such decisions. Knudsen’s petition to SCOTUS argues that the state court’s decision undermines the common-law tradition of parental rights and erodes public confidence in the judicial system.
“It’s great to receive this amicus support from states and organizations across the country,” Knudsen said in a statement. “I hope the U.S. Supreme Court takes up this case and reverses the state Supreme Court’s bad decision.”
Supporters of the petition argue that parents should be given the authority to participate in and provide consent for their children’s medical decisions, especially when it comes to sensitive procedures like abortion. They stress that this is not only a matter of parental rights but also of protecting the health and safety of minors.
Montanans have long been vocal in their support of parental involvement in abortion decisions. In 2013, a bipartisan legislative majority passed HB 391, which was intended to protect parents’ right to know and consent when a minor seeks an abortion. This was in line with widespread public support for parental consent laws in the state.
The case now awaits SCOTUS’s decision on whether it will take up the case and clarify the scope of parental rights in relation to children’s health care decisions. The outcome could have far-reaching implications for similar laws across the country.