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The Montana Constitution states, "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."
Montana’s measure seeks to enshrine a 1999 Montana Supreme Court ruling that said the constitutional right to privacy protects the right to a pre-viability abortion by a provider of the patient ...
Montana's measure allows later abortions if needed to protect the mother's life or health. Montana’s initiative would enshrine in the constitution a 1999 state Supreme Court ruling that found the constitutional right to privacy includes the right of a patient to receive an abortion from a provider of their choice.
In a sweeping opinion by Justice James C. Nelson, the court ruled that "where the right of individual privacy is implicated, Montana's Constitution affords significantly broader protection than does the federal constitution." [41] [42] It therefore struck down the law, which still remains on the books but is unenforceable. [43]
State that the state constitution's right to privacy includes abortion access. Governor Greg Gianforte called on the Montana Supreme Court to revisit its decision in Armstrong, following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey. [2]
The 1889 Constitution remained in force until 1972, when a new constitutional convention was held. [2] [3] The 1972 Constitution was adopted by the 100 delegates to the Constitutional Convention on March 22, 1972, and was ratified by the citizens of Montana on June 6, 1972, through Referendum No. 68. [2]
The measure, called CI-128, would amend the Montana constitution to clearly provide a right to “make and carry out decisions about one’s own pregnancy, including the right to abortion.”
Although the word "privacy" is actually never used in the text of the United States Constitution, [31] there are Constitutional limits to the government's intrusion into individuals' right to privacy. This is true even when pursuing a public purpose such as exercising police powers or passing legislation.