Montana is on the brink of a significant shift in its abortion laws as a proposed measure, CI-128, aims to enshrine the state Supreme Court’s 1999 ruling that affirmed the constitutional right to privacy encompasses the right to a pre-viability abortion. This measure is designed to provide a comprehensive right for individuals to make decisions regarding their own pregnancies, allowing access to abortion services throughout the pregnancy based on the judgment of a healthcare professional. Under this amendment, the government would be prohibited from penalizing anyone involved in the choice to have an abortion, whether they are patients, healthcare providers, or those assisting in the process.
Specifically, CI-128 would amend the Montana Constitution to explicitly state the right to make and carry out decisions about one’s own pregnancy, including the right to abortion. The proposed amendment ensures that the government cannot impose any restrictions on obtaining an abortion before fetal viability, which is typically around 22 to 24 weeks. Additionally, it emphasizes that abortion must remain accessible when a healthcare professional determines it is medically necessary to protect the pregnant person’s life or health. This measure reflects a significant stance by pro-abortion advocacy groups, which are united in their support for the initiative and include organizations like Planned Parenthood of Montana and the ACLU of Montana.
Montana voters previously rejected a similar measure in 2022 that would have classified infants born alive after a botched abortion as legal persons entitled to medical care. Yet CI-128 has garnered support amid discussions surrounding reproductive rights, notably in a post-Roe v. Wade legal landscape. The proposed amendment requires only a simple majority to pass, placing it alongside other states where abortion rights are being contested on ballots this November. Current law permits abortion in Montana up to fetal viability, except in cases where a woman’s life is at risk or serious injury may occur.
The attention on ballot measures as a means of enacting legislation stems from their permanence—once a constitutional amendment is adopted, it cannot be easily overturned by legislative bodies and would require another ballot initiative or a drawn-out legal process. Recent trends have shown the effectiveness of these measures in cementing abortion rights, as evidenced by the outcomes of several ballot initiatives across various states. Following the Supreme Court’s decision to overturn Roe v. Wade, several states saw voters affirm abortion rights, including California, Michigan, and Vermont in the 2022 midterm elections.
The dynamics surrounding CI-128 reflect the broader context of the national debate on abortion, particularly as pro-abortion groups leverage significant financial resources to support their initiatives. Historical trends suggest a growing willingness among voters to safeguard reproductive rights through ballot measures, suggesting a potential path forward for advocates of CI-128. The coalition backing this measure consists of powerful organizations that have previously succeeded in shaping public policy on reproductive health, raising questions about the influence of funding and media narratives in these campaigns.
As Montanans prepare to vote on CI-128, the outcome will not only impact local laws but also resonate within the larger national discourse on reproductive rights. Political observers are closely monitoring this initiative to see whether the support for abortion rights will endure amid persistent challenges to reproductive freedoms across the U.S. With Montana joining a group of ten states voting on abortion-related ballot measures, the stakes are particularly high, and the results could have lasting implications for both state and national legislation concerning reproductive rights.
