After Roe Fell: U.S. Abortion Laws by State

Protected

Montana

Abortion will remain legal in Montana. In November 2024, voters approved Constitutional Initiative No. 128 (CI-128), the Right to Abortion Initiative. The state now has an explicit amendment to the Montana Constitution that protects abortion rights.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability
  • Method Ban

Bans Enjoined

  • Gestational Ban, 20-week LMP
  • Telemedicine Ban

Restrictions in Effect

  • TRAP requirements: Providers, Reporting Requirement

Restrictions

Montana law prohibits abortion at twenty weeks LMP1 and after viability;2 however, the twenty-week ban was held to be unconstitutional and was struck down.3  It also prohibits D&E4 and D&X procedures,5 however the D&E ban has been temporarily enjoined.6 Montana law includes requirements related to waiting periods, biased counseling7, and ultrasounds that were struck down.8 Previous waiting period and biased counseling requirements are permanently enjoined.9 While Montana law generally requires that a parent or legal guardian be notified about a minor’s abortion;10 or a judicial bypass granted,11 the Montana Supreme Court found that this requirement violates the Montana Constitution. 12

In November 2022, voters rejected LR-131, a referendum that mischaracterized abortion, furthered abortion stigma, and could have criminalized medical professionals.

Montana’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities13, reporting requirements14, and restricts providers from using telemedicine for the provision of abortion care,15 however, the telemedicine ban was struck down as unconstitutional.16 Providers who violate Montana’s abortion restrictions may face criminal penalties.17

State Protections

Montana has constitutional protections for abortion through both state supreme court jurisprudence and an approved constitutional amendment. The Montana Constitution provides that “[t]he right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.”18 The Supreme Court of Montana describes this provision as “one of the most stringent protections of its citizens’ right to privacy in the United States—exceeding even that provided by the federal constitution.”19 In addition, the Court has held that this right includes a right to “procreative autonomy” that protects to access to abortion.20 In 2023, the state enacted a law purporting to redefine the right to privacy to exclude the right to abortion.21 In 2024, Montana voters amended the state constitution to expressly provide a right to abortion and prohibit government from denying or burdening the right to abortion prior to fetal viability.22

All attempts to prohibit public funding for abortion have failed and the state continues to provide public funding for abortion care.23  A state Supreme Court decision allows advanced practice clinicians (APCs) to provide abortion care, in addition to licensed physicians and physicians assistant.24 Montana protects clinic access by prohibiting obstruction.25

Post-Roe Prohibitions

Montana state repealed its pre-Roe ban in 1974.26

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Montana. In November, voters approved an amendment the Montana Constitution to protect abortion rights.

  1. MONT. CODE ANN. u00a7 50-20-603. ↩︎
  2. Id. u00a7 50-20-109. H.B. 575, 68th Leg., Reg. Sess. (Mo. 2023), to be codified at Mont. Code Ann. u00a7u00a7 50-20-104, 50-20-109, temporarily enjoined by Planned Parenthood of Montana et. al v. State of Montana, No. ADV 2023-299 (Mont. Oct. 9, 2024). ↩︎
  3. Planned Parenthood of Mont, et al. v. State of Montana, No. 13-DV-21-0999, (Mont. Dist. Ct. Oct. 7, 2021), order temporarily enjoining twenty-week ban (H.B. 136), 24-hour waiting period (H.B. 171), biased counseling requirements (H.B. 171), telemedicine ban (H.B. 171), and ultrasound requirement (H.B. 140)).https://apps.montanafreepress.org/montana-legislature-lawsuit-tracker/filings/13-DV-21-0999/2021-10-07-preli minary-injunction-order.pdf. The District Court subsequently struck down the twenty-week ban as unconstitutional, Planned Parenthood of Mont. et al. v. State of Montana, No. DV-21-999 (Mont. Dist. Ct. Feb. 29, 2024). ↩︎
  4. Mont. Code Ann. u00a7 50-20-1003. ↩︎
  5. MONT. CODE ANN. u00a7 50-20-401. ↩︎
  6. Planned Parenthood of Montana et. al v. State of Montana, No. ADV 2023-299 (Mont. Oct. 9, 2024. ↩︎
  7. Mont. Code Ann. u00a0u00a7u00a7 50-20-707, 50-20-708, enjoined by Planned Parenthood of Mont, et al. v. State of Montana, No. 13-DV-21-0999, (Mont. Dist. Ct. Oct. 7, 2021). ↩︎
  8. Mont. Code Ann. u00a7 50-20-113 (law requiring the pregnant person must be offered an opportunity to view an ultrasound), temporarily enjoined by Planned Parenthood of Mont, et al. v. State of Montana, No. 13-DV-21-0999, (Mont. Dist. Ct. Oct. 7, 2021). H.B. 575 721, 68th Leg., Reg. Sess. (Mo. 2023), temporarily enjoined by Planned Parenthood v. Montana, No. ADV-2023-299 (Mont. Dist. Ct. May 1, 2023). The District Court subsequently struck down the waiting periods, biased counseling, and ultrasound requirements as unconstitutional, Planned Parenthood of Mont. et al. v. State of Montana, No. DV-21-999 (Mont. Dist. Ct. Feb. 29, 2024). ↩︎
  9. Mont. Code Ann. u00a7u00a7 50-20-104, 50-20-106, invalidated by Planned Parenthood of Missoula v. State, No. BDV-95-722 (Mont. Dist. Ct. Dec. 29, 1999). ↩︎
  10. MONT. CODE ANN. u00a7 50-20-504; see also Planned Parenthood of Mont. v. State,u00a0 342 P.3d 684 (Mont. 2015) (challenging H.B. 391, 97th Leg., Reg. Sess. (Mont. 2013)) (Sections 50-20-221 through 235 were originally enacted in 2011 as Legislative Referendum 120, which took effect on Jan. 1, 2013, after approval by Montana voters in 2012. H.B. 391 was enacted in 2013; it repealed Legislative Referendum 120 and replaced it with u00a7u00a7 50-20-501 through 511). ↩︎
  11. MONT. CODE ANN. u00a7 50-20-509. ↩︎
  12. Planned Parenthood of Mont. v. State, No. DA 23-0272 (Mont. 2024). ↩︎
  13. Mont. Code Ann. u00a7u00a7 50-20-901 et seq., 50-5-101(20)(a). ↩︎
  14. Id. u00a7u00a7 50-20-110, 50-20-306; Mont. Admin. R. 37.21.110. Mont. Code Ann. u00a7u00a7 50-20-105, 50-20-110. ↩︎
  15. MONT. CODE ANN. u00a7u00a7 50-20-704, 50-20-705. ↩︎
  16. Planned Parenthood of Mont, et al. v. State of Montana, No. 13-DV-21-0999, (Mont. Dist. Ct. Oct. 7, 2021), order temporarily enjoining twenty-week ban (H.B. 136), 24-hour waiting period (H.B. 171), biased counseling requirements (H.B. 171), telemedicine ban (H.B. 171), and ultrasound requirement (H.B. 140), https://apps.montanafreepress.org/montana-legislature-lawsuit-tracker/filings/13-DV-21-0999/2021-10-07-preliminary-injunction-order.pdf. The District Court subsequently struck down the telemedicine ban as unconstitutional, Planned Parenthood of Mont. et al. v. State of Montana, No. DV-21-999 (Mont. Dist. Ct. Feb. 29, 2024). ↩︎
  17. See, e.g., MONT. CODE ANN. u00a7u00a7 50-20-306;u00a050-20-109; 50-20-112. ↩︎
  18. MONT. CONST., ART. II, u00a7 10. ↩︎
  19. Armstrong v. State, 989 P.2d 364, 373-74 (Mont. 1999). ↩︎
  20. Id. at 379. ↩︎
  21. Mont. Code Ann. u00a7 1-2-117. ↩︎
  22. Ballot Language for Constitutional Initiative No. 128 (CI-128)u00a0Mont. Secu2019y of State,u00a0https://sosmt.gov/wp-admin/admin-ajax.php?juwpfisadmin=false&action=wpfd&task=file.download&wpfd_category_id=26&wpfd_file_id=63616&token=33052d3e15a233cc3730046defc8f9a9&preview=1.u00a0Ballot Questions,u00a0Montana Secretary of Stateu00a0https://electionresults.mt.gov/resultsSW.aspx?type=BQ&map=CTYu00a0(last visited Nov.u00a06, 2024).u00a0 ↩︎
  23. Planned Parenthood v. Montana, No. ADV-2023-299 (Mont. Oct. 9, 2024), (order affu2019g temporary injunction); Planned Parenthood v. Montana, No. ADV-2023-299 (Mont. Dist. Ct. Mar. 11, 2025) (permanently enjoining H.B. 544 and H.B. 862 which would have restricted Medicaid coverage of abortion). Mont. Admin. R 37.82.102 and 37.86.104). See also Mont. Admin. R. 37.86.104, invalidated by Jeannette R. v. Ellery, No. BDV-94-811 (Mont. Dist. Ct. May 22, 1995). ↩︎
  24. Weems v. State, 529 P.3d 798 (Mont. 2023) striking down Mont. Code Ann. u00a7 50-20-109(1)(a). ↩︎
  25. MONT. CODE ANN. u00a7 45-8-110. ↩︎
  26. Id. u00a7u00a7 94-401 and 94-402 (1947), repealed by 1974 Mont. Laws, Ch. 284. ↩︎