Montana Supreme Court Upholds Abortion Rights, Rejects Parental Consent Law for Minors
The Montana Supreme Court has ruled against a parental consent law for minors seeking abortions, affirming the state's constitutional protections for abortion rights.
Supreme Court declines to hear Montana underage abortion case
Washington Examiner
Overview
- The Montana Supreme Court rejected attempts to revive a parental consent law for minors seeking abortions, emphasizing constitutional protections.
- Montana's constitution enshrines the right to abortion, supported by a voter-approved ballot initiative.
- The 2013 parental consent law was blocked in court and deemed unconstitutional, never taking effect.
- Conservative justices supported the decision based on technical legal aspects, not the state's arguments.
- Planned Parenthood and the court highlighted the equal rights of minors and adults regarding abortion access in Montana.
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Analysis
Center-leaning sources frame the Supreme Court's decision as a significant legal stance on minors' rights regarding abortion, emphasizing the balance between parental rights and individual autonomy. They reflect a critical perspective on the conservative justices, suggesting a bias against parental consent laws while highlighting the constitutional protections for minors.
The Supreme Court declined to review a Montana law requiring parental consent for minors seeking abortions.
Montana has long recognized and recently enshrined a right to abortion in its state constitution through a ballot initiative approved by voters.
The parental consent law, passed in 2013, was blocked in court and invalidated before taking effect.
Justices Alito, Thomas, and Gorsuch agreed that the Supreme Court's denial to hear the case was based on technical legalities rather than rejection of the state's argument.
Planned Parenthood argued that the Montana Supreme Court decision balanced parental rights with minors' rights to abortion, affirming that minors have the same fundamental rights as adults under the state constitution.
Montana officials cautioned that the state court's decision jeopardizes parental rights protected by the 14th Amendment of the U.S. Constitution.
Last year, the Montana Supreme Court invalidated a law for violating the state constitution.
The Montana Supreme Court declared that the state's parental consent law was unconstitutional due to violating the privacy clause in Montana's constitution.
Articles (7)
Center (5)
"…The U.S. Supreme Court now leaves that decision in place."
ABC News·22h·"…The Supreme Court said Thursday it will not hear a case involving a push to revive a law that minors must have their parents’ permission for an abortion in Montana, where voters have enshrined the right to abortion in the state’s constitution."
Associated Press·23h·"…The consent rule, the state supreme court found, violates the "fundamental right of a minor to control her body and destiny," as guaranteed by the state constitution."
CBS News·23h·"…Montana is an outlier among Republican-led states in that abortion remains widely available despite the Supreme Court’s 2022 ruling that overturned abortion rights landmark Roe v. Wade."
NBC News·23h·"…The conservative Supreme Court on July 3 declined to review a ruling that teenagers don’t need their parents’ permission to get an abortion in Montana, a move that disappointed abortion opponents who have collected wins on the issue in recent years."
USA TODAY·23h·FAQ
The Montana Supreme Court ruled that requiring parental consent for abortions infringes on the right to privacy guaranteed in the Montana Constitution, specifically Article II, Section 10, and does not enhance protections for minors as required by the state's constitutional provisions .
The parental consent law, passed in 2013, was blocked in court and never went into effect due to legal challenges by Planned Parenthood of Montana .
Twenty-seven states require parental consent for minors to have an abortion, and fifteen states require parental notice [1].
History
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