Restrictions

Montana law prohibits abortion at twenty weeks LMP^[1]MONT. CODE ANN. § 50-20-603. and after viability.^[2]Id. § 50-20-109. H.B. 575, 68th Leg., Reg. Sess. (Mo. 2023), to be codified at Mont. Code Ann. §§ 50-20-104, 50-20-109, temporarily enjoined by Planned Parenthood of Montana et. al v. State of … Continue reading however, the twenty-week ban was held to be unconstitutional and was struck down.^[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), … Continue reading  It also prohibits D&E^[4]H.B. 721, 68th Leg., Reg. Sess. (Mo. 2023). and D&X procedures,^[5]MONT. CODE ANN. § 50-20-401. however the D&E ban has been temporarily enjoined.^[6]Planned Parenthood of Montana et. al v. State of Montana, No. ADV 2023-299 (Mont. Oct. 9, 2024. Montana law includes requirements related to waiting periods, biased counseling^[7]Mont. Code Ann.  §§ 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)., and ultrasounds that were struck down.^[8]Mont. Code Ann. § 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, … Continue reading Previous waiting period and biased counseling requirements are permanently enjoined.^[9]MONT. CODE ANN. §§ 50-20-104, 50-20-106, invalidated by Planned Parenthood of Missoula v. State, No. BDV-95-722 (Mont. Dist. Ct. Dec. 29, 1999). While Montana law generally requires that a parent or legal guardian be notified about a minor’s abortion;^[10]MONT. CODE ANN. § 50-20-504; see also Planned Parenthood of Mont. v. State,  342 P.3d 684 (Mont. 2015) (challenging H.B. 391, 97th Leg., Reg. Sess. (Mont. 2013)) (Sections 50-20-221 through 235 … Continue reading or a judicial bypass granted,^[11]MONT. CODE ANN. § 50-20-509. the Montana Supreme Court found that this requirement violates the Montana Constitution. ^[12]Planned Parenthood of Mont. v. State, No. DA 23-0272 (Mont. 2024).

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 facilities^[13]H.B. 937, 68th Leg., Reg. Sess. (Mt. 2023)., reporting requirements^[14]Id. §§ 50-20-110; 50-20-306; MONT. ADMIN. R. 37.21.110;  H.B. 721, 68th Leg., Reg. Sess. (Mo. 2023), to be codified at Mont. Code Ann. §§ 50-20-105, 50-20-110., and restricts providers from using telemedicine for the provision of abortion care,^[15]MONT. CODE ANN. §§ 50-20-704, 50-20-705. however, the telemedicine ban was struck down as unconstitutional.^[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), … Continue reading Providers who violate Montana’s abortion restrictions may face criminal penalties.^[17]See, e.g., MONT. CODE ANN. §§ 50-20-306; 50-20-109; 50-20-112.

State Protections

Montana has constitutional protections for abortion. 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]MONT. CONST., ART. II, § 10. 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]Armstrong v. State, 1999 MT 261, 296 Mont. 361, 989 P.2d 364, 373-74(Mont. 1999). 989 P.2d 364, 373-74 (Mont. 1999). In addition, the Court has held that this right includes a right to “procreative autonomy” that protects to access to abortion.^[20]Id. at 379. In 2023, the state enacted a law purporting to redefine the right to privacy to exclude the right to abortion.^[21]S.B. 154, 68th Leg., Reg. Sess. (Mo. 2023).

All attempts to prohibit public funding for abortion have failed and the state continues to provide public funding for abortion care.^[22]Planned Parenthood v. Montana, No. ADV-2023-299 (Mont. Oct. 9, 2024), (order affirming. temporary injunction  Mont. Admin. R 37.82.102 and 37.86.104). See also Mont. Admin. R. 37.86.104, invalidated … Continue reading  A state Supreme Court decision allows advanced practice clinicians (APCs) to provide abortion care, in addition to licensed physicians and physicians assistant.^[23]Weems v. State, 2023 MT 82 (Mont. 2023) striking down Mont. Code Ann. § 50-20-109(1)(a). Montana protects clinic access by prohibiting obstruction.^[24]MONT. CODE ANN. § 45-8-110.

In 2024, Constitutional Initiative 128 will appear on the Montana ballot, proposing to amend the state constitution to expressly provide a right to abortion and prohibit the government from denying or burdening the right to abortion prior to fetal viability. ^[25]Ballot Language for Constitutional Initiative No. 128 (CI-128) Mont. Sec’y of State, … Continue reading

Post-Roe Prohibitions

Montana state repealed its pre-Roe ban in 1974.^[26]Id. §§ 94-401 and 94-402 (1947), repealed by 1974 Mont. Laws, Ch. 284.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Montana. In November, voters will decide whether to amend the Montana Constitution to protect abortion rights.