Montana’s highest court unanimously upheld a a district court ruling that overturned a 2005 law restricting who could provide abortion services.
The 7-0 decision cited privacy rights enumerated in Montana’s constitution, in a ruling that likely also invalidates five additional forced-birth measures signed into law by Gov. Greg Gianforte (R) on May 3.
Montana’s Republican-controlled legislature abrogated privacy rights guaranteed by the state constitution, the court ruled:
“[U]nder Montana’s Constitution, the right of individual privacy—that is, the right of personal autonomy or the right to be let alone—is fundamental.
“It is, perhaps, one of the most important rights guaranteed to the citizens of this State, and its separate textual protection in our Constitution reflects Montanans’ historical abhorrence and distrust of excessive governmental interference in their personal lives.”
The high court sided with an advanced practice nurse practitioner and a clinician who challenged a 2005 law, styled “Control of Practice of Abortion,” that limited who could provide health services.
The health professionals also are called advanced practice registered nurses (APRNs), family nurse practitioners (FNPs), certified nurse-midwifes (CNMs), and physician assistants (PAs).
The district court ruled that the legislature violated a woman’s “fundamental right of privacy to seek abortion care from a qualified health care provider of her choosing” when enacting the 2005 law.
Justice Laurie McKinnon concurred, writing:
“Article II, Section 10, of the Montana Constitution guarantees a woman a fundamental right of privacy to seek abortion care from a qualified health care provider of her choosing, absent a clear demonstration of a medically acknowledged, bona fide health risk.
“The State has failed to meet its burden of demonstrating that APRN-FNPs and APRN-CNMs providing abortion care present a medically acknowledged, bona fide health risk.
“The State has failed to present any evidence that demonstrates abortions performed by APRNs include more risk than those provided by physicians or PAs.
“The State has failed to identify any reason why APRNs should be restricted from providing abortions, and thus failed to articulate a medically acknowledged, bona fide health risk.”
Extremist Republicans in Montana’s legislature colluded with Gianforte to enact five additional forced-birth laws. All of them likely have been canceled by the Treasure State’s highest court:
-—HB303 allowed health care providers to refuse to perform abortions if doing so violates their “ethical, moral, or religious beliefs or principles.”
--—HB625 required doctors to provide care to babies "born alive" after an abortion.
-----HB786 required physicians to report instances of women being "harmed" by the abortion pill and will take their license away for up to a year if they refuse to comply.
-----SB154 "clarified" that the right to privacy in the Montana constitution does not apply to abortion.
----HB575 required an ultrasound and a letter attesting to the fetus' nonviability in order to get an abortion.