BILLINGS – Montana voters this week approved a constitutional initiative to protect the right to abortion. The measure enshrines the right to abortion in the Montana constitution.
Montana voters approve abortion rights measure
Here is the full text of the ballot:
CI-128 would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to an abortion. It would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or encumbering access to an abortion when an attending health care professional determines that it is medically indicated to protect the life or health of the pregnant patient. CI-128 prevents the government from punishing patients, caregivers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.
The outcome marks a significant milestone in Montana’s ongoing reproductive rights debate, but CI-128’s passage also raises important questions about its future impact, especially for those who might seek to challenge it.
There are three components to the measure: the mother’s right to make her own health care decisions, protecting access to abortion where there is a threat to the mother’s life in the state of fetal viability, and prohibiting the government from imposing penalties on mothers and health care workers. about these healthcare decisions.
That the measure went through led to reactions on both sides of the issue.
For Montana Catholic Church leaders, CI-128’s passing came as a shock.
“It was a little disappointing,” said Reverend St. Patrick Co-Cathedral Father Leo McDowell.
McDowell expressed concern that the new protections could make it easier for individuals to access the procedure without adequate vetting or support.
“It’s always been one of the things that the Catholic Church has supported pregnant women and women in general. People say we’re trying to take away their rights, but a big part of the disappointment is all the opportunities that are out there for sex trafficking,” McDowell said. “Now that it’s a lot easier to get an abortion, it’s easier to beat somebody up and bring them in and get them to get that abortion and no questions asked.”
For CI-128 advocates like Bailey Desper, the measure’s outcome was a relief and celebration after weeks of volunteer work for the campaign and just two years after the U.S. Supreme Court overturned Roe v. Wade in the Dobbs decision.
“Toward the end of the campaign, it was exciting to see the support I got out there, just for being a friendly, engaged community member,” Desper said. “I was very excited to see it cross the finish line.”
With 336,514 yes votes to 247,898 no votes, it signals strong support for abortion rights in the state. The right to abortion in Montana has been shaped by a 1999 Supreme Court case protecting pre-viability abortion as a right to privacy. Fetal viability is the point at which a healthcare professional determines that a fetus can survive outside the womb. CI-128 adds a layer to this, saying that the state can only challenge abortion by arguing that it has a “compelling” interest, making it a more difficult barrier.
Senior Fellow in Constitutional Jurisprudence at the Independence Institute in Denver and former University of Montana law professor Rob Natelson explained that, with this constitutional amendment in place, the Montana Legislature cannot easily change the measure.
“The fact that it amends the constitution means that the legislature cannot override it,” Natelson said. “The only way to override or change that would be through another constitutional amendment passed by the people.”
It would be possible to make the reintroduction effort, but the move would be an uphill battle.
“I wouldn’t be very surprised if we saw an effort to collect signatures before the next election cycle, or something come up in the legislature, but the likelihood of it passing I think is relatively small,” said the professor and director of Political Science at Montana State University Eric Austin.
Despite strong public support, Natelson maintained that the language of CI-128 is vague and may lead to unforeseen consequences. He pointed out that terms such as “caregiver” are not clearly defined and there is no provision for parental consent if minors seek an abortion.
“I think the people of Montana indicated that they want abortion to be legal, but the people may not be aware of some of the implications of some of the language,” Natelson said. “I suspect that CI-128 will strengthen or empower courts to expand the right to abortion, or the lack of rights for unborn life, depending on how you look at it, further.”
Montana is not alone in passing measures protecting abortion rights in the wake of changing national policy. Across the country, six other states adopted similar initiatives – Arizona, Colorado, New York, Missouri, New York and Nevada. The passage signals the shifting values of turning more conservative on fiscal matters, but more liberal on social issues, especially when framed as a matter of individual choice.
“Even as the electorate here in the state has moved a little further to the right, has become a little more conservative, this is an issue that is seen by some voters as about individual liberty and freedom of choice,” Austin said.
Despite CI-128’s victory, opponents of abortion rights in Montana have made it clear they will continue their efforts. Father McDowell emphasized that the church would not back down and vowed to continue to advocate what they believe is the sanctity of life.
“We will continue, as I said before, to take care of the women. We will continue to pray that maybe one day there will be a conversion of heart and people will realize that life really begins at conception,” McDowell said.
But for now, CI-128 stands as a significant victory for abortion rights in Montana, ensuring that access to reproductive health care remains protected under the state constitution.
“I just want, as a volunteer, to keep the community engaged in any similar civic engagement activities that we can do to do things visually for the community (to) bring some kind of hope and balance back to the community,” Desper said.
