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MT Supreme Court Declares Three 2021 Abortion Laws Unconstitutional

Montana Supreme Court Strikes Down 2021 Abortion Laws

HELENA — In a landmark decision, the Montana Supreme Court has upheld a lower court ruling that invalidates three abortion-related laws enacted by the 2021 Montana Legislature. The laws, challenged by Planned Parenthood of Montana, were deemed unconstitutional due to violations of the state’s right to privacy.

The Supreme Court’s ruling, penned by Justice Beth Baker, emphasizes protections for abortion access, referencing the 1999 Armstrong decision that confirmed the right to personal and procreative autonomy under Montana’s Constitution. Justice Baker stated that the challenged laws—House Bill 136, which prohibited abortions after 20 weeks; House Bill 140, which mandated ultrasound requests for patients; and House Bill 171, which imposed additional restrictions on abortion drugs—contradict these privacy rights.

While the majority celebrated the ruling as a safeguard for Montanans’ reproductive rights, dissenting Justice Jim Rice argued for a more restricted interpretation of privacy rights, contending that the significance of protecting life was overlooked. He advocated for a partial invalidation of HB 171 and a remand of HB 136 for further trial.

Planned Parenthood of Montana’s CEO, Martha Fuller, lauded the ruling, affirming the organization’s commitment to ensuring abortion access amidst ongoing political threats to reproductive health services. Conversely, the Montana Department of Justice criticized the decision, asserting it disregarded the state’s responsibility to protect life.

Additionally, a constitutional initiative passed by Montana citizens in 2024 will enshrine access to abortion as a constitutional right, effective July 1, 2025. The ruling reflects a significant moment for abortion rights in Montana, reinforcing the ongoing debate surrounding reproductive health access in the state.

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