Montana Amendment Would Enshrine Abortion Throughout Pregnancy into State Constitution

An abortion measure in Montana seeks to enshrine a 1999 state Supreme Court ruling that said the constitutional right to privacy protects the right to a pre-viability abortion by a provider of the patient’s choice.

The proposed amendment would allow for abortion throughout pregnancy, per the judgment of a “treating healthcare professional,” to protect a woman’s life or health, and would prevent the government from penalizing anyone involved in their own or another’s voluntary decision to have an abortion.

The proposed measure, which will appear as CI-128, states:

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 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 burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health. CI-128 prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.

The coalition behind the ballot measure is comprised of pro-abortion groups including Planned Parenthood of Montana, ACLU of Montana, Forward Montana, and Fairness Project.

The effort comes after Montanans voted against an amendment in 2022 that would have mandated that infants who are born alive, including those who survive botched abortions, are legal persons entitled to life-saving medical care.

CI-128 needs a simple majority to pass.

Abortion is currently legal in Montana up to fetal viability, which is the stage of pregnancy when a baby has developed enough that it is able to survive outside the womb with medical intervention — typically around 22 to 24 weeks. Abortion is legal after that point only to save the life of a pregnant woman or to prevent serious injury. 

Montana is one of ten states where abortion is on the ballot in November.

READ MORE: These Ten States Have Abortion on the Ballot in November

Ballot measures are particularly effective as an offensive weapon because they are basically irreversible. They change a state constitution, take precedence over laws passed by state legislatures, and can only be overturned by another ballot measure or lengthy legal battles. The measures are typically propped up by left-wing organizations and affiliates with deep pockets — such as Planned Parenthood and the ACLU, out-of-state dark money groups, and billionaires with eugenicist leanings — often outspending pro-life organizations by double or triple.

Every single pro-abortion-related ballot measure since the fall of Roe has been successful. During the 2022 special elections, Kansans rejected a ballot measure that would have established that the state Constitution does not include a right to abortion. During the 2022 midterms, voters in California, Michigan, and Vermont codified abortion into their Constitutions. At the same time, voters in Montana rejected a ballot measure that would have given rights to babies born alive in botched abortions. Voters in Kentucky also rejected an amendment similar to the one in Kansas. Last November, Ohioans also voted to codify the supposed right to abortion in their state Constitution via Issue 1.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.