Montana voters will determine in November whether the right to an abortion should be protected in the state constitution. Montana joins seven other states that have already put abortion questions before voters since the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade. The initiative on the ballot seeks to protect abortion rights by enshrining a 1999 Montana Supreme Court ruling that the constitutional right to privacy includes pre-viability abortions.
The Secretary of State certified the initiative for the general election ballot, making Montana the eighth state this year to put the issue of abortion rights before voters. This follows significant court battles, as opponents attempted multiple legal challenges to prevent the measure from reaching the ballot. The Montana Supreme Court ultimately intervened, authoring its own language for the initiative, allowing signature petitions to move forward.
Montana becomes 8th state with ballot measure seeking to protect abortion rightshttps://t.co/QotbXa2H1p pic.twitter.com/tTvjfP6DKf
— The Washington Times (@WashTimes) August 21, 2024
Legal Challenges and Controversies
Republican Attorney General Austin Knudsen initially declared the ballot measure legally insufficient. However, the Montana Supreme Court overruled him, permitting the measure to move forward. The high court also took the unusual step of writing its own initiative language for signature petitions after the Attorney General rewrote the ballot language. The state Supreme Court’s action highlights judicial support for the initiative in a politically charged environment.
“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 and CEO of Planned Parenthood of Montana, said in a statement. “During that time, we have been working together to put this issue before voters.”
The Secretary of State’s Office also changed the rules regarding the validation of inactive voter signatures, which diverged from a 30-year precedent. This alteration was later challenged and overturned in court, allowing inactive voters’ signatures to count toward the required totals. This development further complicates an already contentious issue. Supporters of the initiative ultimately gathered over 81,000 signatures, qualifying it in 59 of the 100 state House districts.
Broader Implications and Future Prospects
This ballot initiative is part of a broader national trend wherein states take proactive measures to protect or restrict abortion at the state level following the U.S. Supreme Court’s decision to return the ruling on the legality of abortion to the states. Seven states have already put abortion questions before voters, with abortion supporters winning each case. The outcome of Montana’s initiative will provide further insight into the national sentiment on this deeply divisive issue.
“Montana initiative to protect abortion rights makes November ballot, becoming 8th state to do so this year.”
Moving forward, this initiative may face various roadblocks from those who seek to limit abortion access on both moral and legal grounds. Republican lawmakers in Montana have repeatedly challenged the 1999 state Supreme Court ruling and have passed several restrictive abortion laws recently. However, courts have blocked many of these restrictive laws, citing the 1999 ruling as their basis. The November vote will be crucial in determining the future of reproductive rights in Montana and possibly setting a precedent for other states.
