Montana Moves for Abortion Rights With New Ballot Measure in Play

Montana could become the latest state to enshrine abortion rights through a ballot measure, but it’s not a straightforward journey.

At a Glance

Montana voters will decide in November whether to protect abortion rights in the state constitution
The initiative seeks to enshrine a 1999 Montana Supreme Court ruling protecting pre-viability abortions
Republican lawmakers have repeatedly challenged this ruling following the 2022 overturning of Roe v. Wade
Supporters gathered 81,000 signatures to qualify the measure for the ballot

Montana’s Critical Ballot Measure on Abortion

Montana voters will have their say this November on whether to protect abortion rights in the state constitution. This ballot measure comes in response to shifting federal and judicial dynamics threatening healthcare access. The measure aims to secure personal autonomy and healthcare rights at the state level.

Montana joins seven other states proposing similar measures. The initiative would enshrine a 1999 Montana Supreme Court ruling that protects pre-viability abortions under the state’s constitutional right to privacy. Republican lawmakers oppose this move and have challenged the ruling vigorously, especially since the U.S. Supreme Court overturned Roe v. Wade in 2022.

An initiative that aims to protect the right to abortion in Montana’s constitution will appear on the ballot this November. Backers of CI-128 announced the Montana Secretary of State officially approved and certified the initiative for the ballot. https://t.co/a0TvuoItb9

— NBC Montana (@NBCMontana) August 21, 2024

Opposition and Legal Battles

In efforts to block the ballot measure, Republican lawmakers and others have faced several court battles. Montana Attorney General Austin Knudsen initially deemed the measure legally insufficient, but the Montana Supreme Court overruled him. The court even wrote its own initiative language for the petitions used to gather signatures.

“Since Roe was overturned, extreme anti-abortion politicians have used every trick in the book to take away our freedoms and ban abortion completely,” Martha Fuller, president of Planned Parenthood of Montana, said in a statement. “During that time, we have been working together to put this issue before voters.”

Republican lawmakers passed laws in 2021 and 2023 to restrict abortion rights further, but courts have blocked these restrictions, often citing the 1999 ruling. Despite these efforts, supporters succeeded in gathering more than 81,000 signatures, qualifying the initiative in 59 state House districts.

Implications Beyond Montana

Montana’s proposition is part of a broader national trend. Since Roe v. Wade was overturned, seven states have placed similar questions before voters, with abortion rights supporters winning each time. The ballot measure’s qualification marks a significant moment in the ongoing national debate over reproductive justice and women’s rights.

“Montana voters will finally have the opportunity to make their voices heard and protect reproductive rights in November,” Fuller said. “We could not have accomplished this incredible feat without the dedication of our volunteers and supporters, who want to protect their freedom and constitutional right to make private medical decisions.”

BREAKING: Montana becomes the eighth state in which voters will decide this year whether they want to legally protect the right to an abortion. https://t.co/sfMCtHkTZJ

— The Associated Press (@AP) August 21, 2024

Democrats hope the measure’s strong support could benefit Senator Jon Tester in his re-election campaign, although Montana typically votes Republican in presidential contests. Organizing groups like Montanans Securing Reproductive Rights, led by Planned Parenthood Advocates of Montana, plan to campaign vigorously to prevent the Republican-controlled Legislature or future courts from undermining the 1999 ruling.