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Montana Supreme Court rules minors don't need parental permission for abortion

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.

Drunemeton ,
@Drunemeton@lemmy.world avatar

Roe v Wade was based on a women’s privacy with her doctor, and it was overturned.

How long until someone challenges this and SCOTUS takes up the case? Anyone like to bet how they’d rule!?

schnurrito ,

The article says the state supreme court ruled it violated the state constitution. SCOTUS has no business interpreting state constitutions, only the federal constitution.

Monument ,

I think the federal constitution supersedes state constitutions, though.

Ah - it does! I had to look it up. It’s called the Supremacy Clause (Wikipedia). It’s not uniformly applied because many states aren’t going to bother with enforcing federal laws they disagree with. (States with legal weed, for instance.) But the federal government does have the right to poke holes in state constitutions if they deem it necessary and want to.

I could see SCOTUS taking the case, ruling horribly, the rest of the federal government not taking up enforcement, but Montana lawmakers running amok with their newfound ability to step on desperate teenagers, because SCOTUS said they could.

rockSlayer ,
cybervseas ,

That sounds like a very Montana opinion.

I say that not knowing much about Montana. I assume they’re conservatives in the same mould Mainers: “You leave me alone and I’ll leave you alone.”

Nougat ,

Trump saw fit to have a rally in Montana, a solid red, non-swing state, which means he at least thinks people would swoon for him there.

MediaBiasFactChecker Bot ,

Associated Press - News Source Context (Click to view Full Report)Information for Associated Press:
> MBFC: Left-Center - Credibility: High - Factual Reporting: High - United States of America
> Wikipedia about this source

Search topics on Ground.Newshttps://apnews.com/article/montana-abortion-parental-consent-980e974b46721f6fcdefd9ac85a2a996

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