Court affirms Montana’s Constitutional amendment to protect abortion
For the third time in a row, a conservative group along with a Republican legislator have had their challenge to the state’s abortion protection law, now enshrined in the Montana Constitution, shot down by a court.
This decision was the first by a district court, and was an attempt to litigate the constitutional amendment voters approved in 2024, which allows abortion up to the point of fetal viability.
Yellowstone County District Judge Thomas Pardy ruled against state Representative Amy Regier and the Montana Life Defense Fund, which had made several attempts to challenge the way the amendment, known as Constitutional Initiative 128, was placed on the ballot.
Ultimately, the measure received overwhelming support from Montana voters, with 345,070 votes in favor, while 252,300 were opposed.
The Montana Life Defense Fund had twice filed challenges with the Montana Supreme Court, alleging that the process used by supporters and state election officials violated the Montana Constitution. Because the Montana Supreme Court hears challenges to the constitutional amendment process, those challenges are often heard at the state’s highest court.
However, in both cases, the Montana Supreme Court said that while the issue focused on the already-approved constitutional amendment, Regier and the fund had not provided a reason why a district court would be unable to decide the matter. Moreover, since the amendment had passed and it became law, there was no impending election or deadline that would necessitate expediting the matter in the courts.
The justices also pointed out that even if a district court judge decided against the Montana Life Defense Fund and Regier, they’d still be able to appeal that decision to the Supreme Court. So, the fund took the case to Yellowstone County District Court where Pardy issued the ruling.
It’s unclear whether they’ll challenge Pardy’s ruling.
As in the other cases, the fund argued that the constitutional amendment was invalid because the text of the entire initiative was not printed on the ballot, thereby robbing voters of the ability to fully consider the measure.
However, a five-page ruling by Pardy said that the rules for a constitutional initiative do not require the full printing of the text on the ballot itself. In analyzing the Montana Constitution, Pardy said the full text is required to be submitted to the Secretary of State, but is not required to be printed in full on the ballot. The judge reasoned that if the framers of the 1972 state constitution would have wanted the full text, they would have required it.
“There is no factual basis upon which the petitioner could recover based on the claim before this court,” Pardy said in his order.
Dr. Samuel Dickman, Planned Parenthood Advocates of Montana, Forward Montana and the American Civil Liberties of Montana had intervened in the lawsuit to argue, along with the State of Montana, that the initiative passed muster.
In addition to legal representation by the ACLU of Montana, Raph Graybill and Rachel Parker of the Graybill Law Firm led the legal efforts to respond to Regier and the Montana Life Defense Fund.
“In November 2024, Montanans went to the polls and overwhelmingly voted ‘yes’ to keep personal medical decisions – especially those related to pregnancy and abortion – between a patient and their doctor,” said Akilah Deernose, the executive director of the ACLU of Montana. “Today’s ruling builds on that electoral victory. But if the past few years have taught us anything, it’s that the struggle for civil rights is never truly over.”
