Montana governor signs multiple anti-abortion measures

Montana Gov. Greg Gianforte (R) on Wednesday signed five pieces of legislation as part of a package to implement additional abortion restrictions in the state.

The governor’s office said in a release that the package builds on “historic progress” in 2021 to “advance pro-life measures.” The most significant part of the package could be a bill that states the right to privacy in the Montana Constitution does not include the right to abortion, which contradicts a ruling from the state Supreme Court almost 25 years ago.

The bill could cause the court to review its ruling that abortion is protected under the state constitution.

“For years in Montana, abortion activists have used the cloak of a shaky legal interpretation to advance their pro-abortion agenda. That stops today. No more,” Gianforte said.

The Missoulian, a daily newspaper for Missoula, Mont., reported opponents of the bill have slammed it as a legislative overreach that infringes on the court’s ability to review legislative acts.

The package bans abortions after a pregnancy reaches the point of viability, which usually occurs around 24 weeks, except to protect the life of the mother. It also requires babies born alive after a failed late-term abortion to be protected.

Other bills in the package include language to ensure that taxpayer money is not used to fund elective abortions and allow medical providers to exercise “the right of medical conscience” to create protections for physicians and nurses who do not want to perform an abortion.

The package also requires abortion providers to report any women harmed by abortion pills to the state Department of Public Health and Human Services and provides for the department to have “appropriate oversight” of abortion clinics.

Gianforte also signaled his plans to sign additional abortion restrictions once they reach his desk.

The governor also noted two “pro-family” policies from his proposed budget, providing a $1,200 refundable child tax credit for children younger than 6 and an adoption tax credit up to $7,500.

“As we stand firm for life, we must also ensure all Montana kids, from unborn babies to teenagers, have the opportunity to reach their full God-given potential,” he said. “Folks, this must be one of the next chapters of our pro-life, pro-child, pro-family agenda.”

Susan B. Anthony Pro-Life America, a nonprofit organization that works to oppose abortion access, praised Gianforte’s actions in a release.

Adam Schwend, the group’s western regional director, said the package is part of a trend following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, “to advance human rights in the states and provide mothers with more resources during pregnancy and after a child is born.”

Planned Parenthood quickly sued to block one bill, which requires women to undergo an ultrasound before having an abortion, from going into effect. A release from the group states the lawsuit argues it violates the right to privacy and pre-viability abortions by “effectively banning” direct telehealth for medication abortions.

“By adding unnecessary and burdensome red tape to a safe and legal medical procedure, these politicians have made clear that it was never about our health and safety. It was always about undermining our personal freedom and shaming people who seek abortions,” Planned Parenthood of Montana President and CEO Martha Fuller said in a release.

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