Montana's Supreme Court ruled that minors don't need their parents' permission to get an abortion in the state.

Montana’s Supreme Court ruled Wednesday that minors don’t need their parents’ permission to get an abortion in the state – agreeing with a lower court ruling that found the parental consent law violates the privacy clause in the state constitution.

“We conclude that minors, like adults, have a fundamental right to privacy, which includes procreative autonomy and making medical decisions affecting his or her bodily integrity and health in partnership with a chosen health care provider free from governmental interest,” Justice Laurie McKinnon wrote in the unanimous opinion.

The ruling comes as an initiative to ask voters if they want to protect the right to a pre-viability abortion in the state constitution is expected to be on the Montana ballot in November. County officials have verified enough signatures to qualify the issue for the ballot, supporters have said. The Secretary of State’s Office has to certify the general election ballots by Aug. 22.

  • @Maggoty
    2•4 months ago

    If SCOTUS did that without a direct conflict in the state and federal documents then they would be ruling that state constitutions and courts are now moot.

    • @[email protected]English
      2•4 months ago

      I wouldn’t put it past them to pull something like that, but the bit about conflict between the constitutions (plus another commenter’s input) caused me to question on what grounds a case can be appealed from a state Supreme Court to SCOTUS, and it looks like there isn’t a path for that here.

      SCOTUS still can overrule a state constitution, but they can’t pick up this case, as far as I can tell. There just doesn’t seem to be a path that leads to them. I’ll amend my comment.