GREAT FALLS - June 25, 2023, marked one year in the historic “Dobbs” decision by the United States Supreme Court to overturn Roe v. Wade.
In a fight for access to abortion healthcare, women in the United States may have to go the extra mile to receive the care they wish for. In Montana, its 51-year-old state constitution grants citizens the right to privacy through what is known as the Armstrong decision.
“This happened back in 1999 and the Montana Supreme Court rendered this decision where they said abortion is a protected constitutional right. Under the provision creating a right to privacy, the Montana Supreme Court determined that abortion falls within that right, the right of privacy. They essentially ruled out any restrictions on abortion up to the point of viability are not allowed. They're unconstitutional,” explained Senator Steve Fitzpatrick, of Senate District 10.
That decision by the Montana Supreme Court is the saving grace to women who wish to utilize abortion healthcare. In neighboring Idaho, abortion has been banned, and with rulings like Armstrong, women can travel to Montana and receive care.
Montana Planned Parenthood CEO Martha Fuller believes that Montana is vital to a region for the healthcare that is offered.
Currently, abortion is legal in Montana for up to 15 weeks. With the recent legislative session, a few bills were passed that make it more difficult for women to access abortion healthcare. A few of those bills are being contested in court and are currently unenforceable.
“Planned Parenthood of Montana is also contesting two other laws. One is basically a ban on abortion after 15 weeks. It bans the most common, safest procedure after 15 weeks. Then the other law requires an ultrasound of all abortions. Both of those really get in the way of patients accessing the health care that they need and physicians making the best decision for their patient with their patient,” said Fuller.
At the beginning of May, Governor Greg Gianforte signed a slate of bills clarifying the right to privacy does not include the right to an abortion. Among those bills were HB625, HB575, HB303, and updating language in SB154.
“It demonstrates how out of touch with their constituents’ politicians can be. Because the reality is on the ground, folks recognize this is an important piece of health care. That even if they have complicated feelings about it, they want their family members, their friends, and potentially even their own selves to be able to access it when needed.”
Currently, abortion will remain on the table as an option if the Armstrong Decision remains in play. Senator Fitzpatrick says that it’s amended in the State Constitution and would require more extraordinary lengths than to amend legislation around the details of the right to an abortion.
“Where abortion regulation goes in the state of Montana. We just don't have that well-developed body of law yet. But I think we'll be getting there quickly with the bills that have been given to the legislature,” added Fitzpatrick.
