The Montana Supreme Court ruled that minors do not need parental permission to obtain an abortion in the state. The decision aligns with a previous lower court ruling that found the state’s parental consent law unconstitutional under the privacy clause of the Montana Constitution. Abortion will now be the only medical procedure minors may obtain without their parents consent.
he parental consent law, enacted by the Montana Legislature in 2013, was never enforced due to an injunction agreed upon by the then-attorney general. Judicial delays, including substitutions, recusals, and retirements, postponed a final decision until last year, when Judge Christopher Abbott, who was appointed to the bench by Democrat Gov. Steve Bullock.ruled in February 2023 that the law infringed upon constitutional privacy rights as established by a 1999 Montana Supreme Court ruling. This earlier ruling recognized the right to a pre-viability abortion as part of the right to privacy.
This ruling arrives as Montana prepares for a November ballot initiative that would seek to enshrine the right to a unlimited abortion in the state constitution. Supporters of the initiative have claimed that county officials have validated enough signatures to qualify the measure for the ballot. The Secretary of State’s Office is has to finalize the general election ballot by August 22.