In November, Montana voters will have the opportunity to decide whether to protect the right to an abortion in the state's constitution. This initiative, which was certified by the Montana Secretary of State's Office, marks the eighth state to address the issue on the upcoming ballot.
The measure aims to solidify a 1999 Montana Supreme Court ruling that affirmed the constitutional right to privacy includes the right to a pre-viability abortion by a chosen provider. In contrast, Republican lawmakers in 2023 passed a law challenging this right, which has yet to face legal challenges.
Efforts to keep the abortion rights initiative off the ballot were made by opponents, leading to legal battles. The state Supreme Court intervened in determining the language for the proposed amendment after the Attorney General initially deemed it legally insufficient.
Despite challenges, supporters gathered over 81,000 signatures, surpassing the required threshold. The initiative qualified in 59 out of 100 state House districts, meeting the necessary criteria.
Republican lawmakers in Montana have made multiple attempts to restrict abortion access, including passing laws that were subsequently blocked by courts citing the 1999 Supreme Court ruling. Recent decisions, such as minors not needing parental permission for abortions and the rejection of a referendum imposing criminal charges on health care providers, have shaped the state's abortion landscape.
Following the U.S. Supreme Court's overturning of Roe v. Wade in June 2022, several states, including Montana, have placed abortion-related questions before voters. In each case, supporters of abortion rights emerged victorious.
