Montana’s highest court on Wednesday ruled that a law requiring minors to get their parents’ consent when seeking an abortion violated the Western U.S. state’s constitution, upholding a legal challenge by Planned Parenthood.
Justice Laurie McKinnon wrote for the unanimous court that “a minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses” and that the state had not shown that the law was justified to protect minors.
“This decision affirms the right to privacy and we are pleased that the Court upheld the fundamental rights of Montanans today,” Martha Fuller, president of Planned Parenthood of Montana, said in a statement.
The office of Montana Attorney General Austin Knudsen, a Republican who defended the law, did not immediately respond to requests for comment.
The law was passed in 2013, but has never taken effect because it was challenged immediately by Planned Parenthood. It allows a minor seeking an abortion to get a waiver from a judge instead of her parents’ consent.
Wednesday’s decision does not affect a separate law, also passed in 2013, requiring parents to be notified when their minor child seeks an abortion. That law is subject to a separate legal challenge.
Montana’s Supreme Court has recognized a right to abortion under the state constitution since 1999. Abortion has remained legal in the Republican-controlled state until fetal viability, usually around 24 weeks, even as other Republican states have banned or restricted it in the wake of the U.S. Supreme Court’s 2022 ruling eliminating a nationwide right to abortion. — Reuters
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