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Abortion

Montanans approve ballot measure codifying abortion protections

While abortion is legal to the point of fetal viability in Montana, lawmakers have repeatedly tried to restrict the procedure.

Rally-goers handle signs and shirts displaying abortion rights slogans before a rally.
Signs supporting the Right to Abortion Initiative are displayed before a rally on September 5, 2024 in Bozeman, Montana. (William Campbell/Getty Images)

By

Shefali Luthra, Grace Panetta

Published

2024-11-03 16:10
4:10
November 3, 2024
pm

Updated

2024-11-06 10:42:00.000000
America/New_York

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Montanans approved a ballot measure that amended the state constitution to protect abortion up until the point of fetal viability, codifying current law in this red state, according to a projection from Decision Desk HQ. 

The vote won’t change access to abortion but it will secure it. Though the state Supreme Court ruled in 1999 that Montana’s constitutional right to privacy included abortion, lawmakers have repeatedly tried to limit access. Abortion opponents in the state have said they hope to get the 1999 ruling overturned. The new constitutional amendment, which was backed by the local Planned Parenthood affiliate, undermines their likelihood of succeeding.

State Republican officials fought against the measure. The Montana Supreme Court rejected a challenge from GOP Attorney General Austin Knudsen, who argued the first version of Planned Parenthood’s proposed language was “legally insufficient” and “logrolls multiple distinct political choices into a single initiative.” The court also struck Knudsen’s proposed fiscal note estimating the measure would have a fiscal impact on the state. 

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