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Deciphering CI-128: Understanding Montana’s Abortion Amendment | News


Montana voters are facing a crucial decision regarding Constitutional Initiative 128, which seeks to enshrine protections for abortion rights in the state Constitution. The initiative has attracted support from organizations like Planned Parenthood of Montana, while opponents include Susan B. Anthony Pro-Life America and Students for Life Action. Out-of-state groups have also joined the debate by providing financial support to both sides.

CI-128 aims to clarify the regulations surrounding abortion access in Montana, particularly regarding the definition of fetal viability and who is allowed to practice abortion. The initiative stipulates that abortion can be regulated by the government after fetal viability, with a compelling interest related to the patient’s health. However, CI-128 does not change the current practices significantly, as abortion providers already exercise their judgment based on the 1999 Armstrong v. State decision.

While CI-128 may lead to legal challenges regarding specific abortion restrictions, it is not expected to dramatically shift the current legal landscape in Montana. The initiative’s provisions related to autonomy in decision-making and protection of pregnant individuals may require further interpretation in future legal battles. However, compared to the existing right to privacy in the Montana Constitution, CI-128 is considered detailed and comprehensive. Ultimately, the fate of CI-128 rests in the hands of Montana voters as they head to the polls next week.

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