In a decision that will stun conservatives, the Montana Supreme Court has once again ignored the will of pro-life advocates by ruling several 2021 abortion-limiting laws unconstitutional.
See the tweet below!
This decision protects abortion rights that were enshrined by voters in the state constitution, prioritizing privacy over life.
On June 9, 2025, the Montana Supreme Court upheld a lower court’s decision to strike down abortion restrictions enacted by Republican lawmakers in 2021.
These laws had been initially blocked by a preliminary injunction. Among the measures invalidated was a ban on abortions after 20 weeks of gestation.
The controversy began when Planned Parenthood of Montana challenged the laws, which included the 20-week ban and other measures like prohibiting telehealth prescriptions for abortion medication and a 24-hour waiting period post-informed consent.
In response, the court cited the Montana Constitution’s “right to be left alone,” which they interpreted to include access to abortions.
This ruling has roots in a 1999 decision that established abortion rights in Montana.
Despite multiple attempts by the state to overturn this precedent, it continues to stand.
Meanwhile, Montana’s legislative body attempted to pass additional abortion restriction bills in 2023, reflecting a clear disconnect between state lawmakers and the court’s interpretation of constitutional rights.
Planned Parenthood’s legal challenge was supported by the new constitutional amendment approved by 58% of voters in 2022, solidifying abortion rights in the state.
Despite this, an anti-abortion group has filed a lawsuit challenging the 2022 initiative, eager to see these newly enshrined rights overturned.
Six justices ruled that the 2021 laws violated Montana’s right to privacy, as defined in the state’s constitution.
The court also found that the state failed to prove that the laws protected patients from any health risks, despite arguments suggesting otherwise.
State lawmakers pushing for these restrictive policies ignored warnings that the courts might rule against such measures.
Justice Jim Rice dissented, criticizing the decision for expanding privacy rights too far beyond their intended scope.
The majority opinion stated that abortion viability should be determined by medical providers on a case-by-case basis, not through broad legislative bans.
The ruling keeps abortion access in Montana safe for now, with the new constitutional protections officially taking effect July 1, 2025.
It marks a significant setback for those committed to preserving the sanctity of life amid ongoing battles at both state and national levels.
The state’s abortion rights remain unaffected by the U.S. Supreme Court’s decision to overturn Roe v. Wade.
As these legal battles continue, one thing is certain: the fight for life versus privacy in Montana remains a divisive issue.
Pro-life advocates remain determined to challenge any laws or rulings that oppose their values, striving to protect unborn lives in a society increasingly dismissive of such stakes.
MONTANA SUPREME COURT: Three state laws restricting abortion access violate the MT Constitution. pic.twitter.com/GwRYV8ZZ36
— Matthew Segal (@segalmr) June 10, 2025
