In a landmark decision, the Montana Supreme Court ruled on Wednesday, Aug. 14, that minors do not need their parents’ permission to get an abortion within the state. The court ruled that the law violates the privacy clause of the state constitution.
The high court agreed with a lower court ruling in a unanimous decision. Justice Laurie McKinnon spoke about the decision, saying minors have “a fundamental right to privacy.”
Planned Parenthood of Montana celebrated the decision. President and CEO Martha Fuller praised the court in a statement, saying, “This decision affirms the right to privacy and we are pleased that the court upheld the fundamental rights of residents of Montana.”
Not everyone agrees with the ruling. Montana Attorney General Austin Knudsen criticized it, with a spokesman saying the court “further proves how radical and out-of-touch the Montana Supreme Court is.”
The law requiring parental consent for minors to get abortions dates back to 2013. It was immediately challenged by Planned Parenthood. The law never actually came into effect. As an alternative to parental consent, the state allowed minors to seek a judge’s waiver.
During legal proceedings, the state argued for the law in a number of ways, including protection from sexual victimization, providing helpful medical history, and the enhancement of minor’s physical and mental well-being.
The Montana Supreme Court has recognized a right to abortion under the state constitution since 1999. Despite changes at the federal level over time, abortion remains legal in Montana up to 24 weeks, even as other states have moved to restrict or ban it.
