Montana Supreme Court Overturns Parental Consent for Abortion Law

The Montana Supreme Court on Wednesday unanimously upheld a district court ruling that a law requiring minors to obtain parental consent before having an abortion violates the constitutional right to control their bodies.

In a 36-page ruling, the court wrote that the state of Montana failed to show that a 2013 law requiring notarized parental consent for abortion patients under 18 improved protections for minors. The court found that the law violated a minor’s fundamental right to privacy, including “reproductive autonomy” and “making medical decisions affecting his or her physical integrity and health in collaboration with a chosen health care provider.”

The ruling marked a victory for abortion rights advocates after a lengthy legal battle over the law, which was first brought before a district court in February 2023. The Supreme Court heard oral arguments on the appeal in March of this year.

As Republican efforts to block abortion access and limit the power of the judiciary grow, the ruling bolstered the efforts of reproductive health advocates, who called the decision an affirmation of Montanans’ fundamental right to privacy.

The Parental Consent for Abortion Act of 2013, or Consent Act, required minors to obtain parental permission to obtain an abortion unless a judicial exemption was obtained. Lawmakers who passed the law argued that minors are not capable of making fully informed choices and are unprepared to deal with the medical and psychological consequences of abortion.

The law never went into effect due to legal opposition from Planned Parenthood.

Attorneys for the state argued in court that the Consent Act furthered the state’s interest in protecting minors from sexual exploitation and hasty decisions. The state also argued that parents have a fundamental right to determine the care of their children.

Plaintiffs Planned Parenthood of Montana and Dr. Samuel Hickman argued that the Consent Act violated the state constitution’s provisions on the right to privacy and equal protection because the law creates two classes of minors: those who seek an abortion and those who carry their pregnancies to term.

In finding in favor of the plaintiffs, the court cited Armstrong v. State, the Montana Supreme Court’s 1999 decision that held that pre-viability abortion is protected under the state’s right to individual privacy. The court also cited Weems v. State, a 2023 decision that allowed advanced registered nurses to perform abortions.

The latest case was brought by Helen Weems, a nurse practitioner and owner of All Families Healthcare, an abortion clinic in Whitefish.

In the ruling, written by Justice Laurie McKinnon, the court stated: “When weighed against a minor’s right to make the most intimate and personal decision about whether to carry a child to term, the interests expressed by the state must be advanced by and substantially related to the legislation itself, and the legislation must be narrowly tailored to achieve only those legitimate legislative goals. A minor’s right to dignity, autonomy, and the right to choose are enshrined in the freedoms found in the Montana Constitution.”

Martha Fuller, President and CEO of Planned Parenthood of Montana, said in a statement following the ruling, “This decision affirms the right to privacy, and we are pleased that the Court today upheld Montanans’ fundamental rights. Montanans deserve the ability to make private medical decisions and the ability to access abortion care when it is in the best interests of their patients and families.”

The attorney general’s office was not immediately available for comment.

Governor Greg Gianforte said in a statement: “As a strong defender of parental rights, I am deeply concerned and disappointed by today’s ruling by the Montana Supreme Court, which finds that parents do not have a fundamental right to supervise the medical care of their young daughters. In its ruling, the Court has wielded its gavel like a hammer against one of the most fundamental rights in our history: the right of parents to consent to the medical care of their minor children.”

The ruling came after abortion rights advocates clashed with the state over an initiative that seeks to enshrine abortion rights in Montana’s constitution. While supporters of the initiative say they have gathered enough signatures to put the measure on the ballot in November, Republican officials have tried to block the effort, calling it contradictory and confusing to voters.

(email address)