In a unanimous ruling issued this week, the Montana Supreme Court invalidated a state law that required minors to obtain parental consent for abortion on the grounds that it violated the right of privacy guaranteed by Article II, Section 10, of the state constitution.
Using language that evokes both Roe v. Wade and the infamous Justice Kennedy’s “notorious mystery passage” in Planned Parenthood v. Casey, the Montana Supreme Court stated the following: “We decide today that the classification created by the Legislature violates the fundamental right of a minor to control her body and destiny.”
Governor Greg Gianforte, a Republican, declared that he was “deeply concerned and disappointed” by the court’s determination that “parents do not have a fundamental right to oversee the medical care of their young daughters.” Like Missouri, Montana could vote on a pro-abortion constitutional amendment this November if enough valid signatures are certified; the secretary of state has until August 22 to finalize the ballot.
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