Montana Becomes Eighth State Seeking to Safeguard Abortion Rights with a Ballot Measure

Montana Voters to decide on Abortion Rights Protection in Constitution

In a significant step towards safeguarding abortion rights, Montana became the eighth state in the Union to introduce a ballot measure aimed at bolstering the constitutional right to an abortion. The announcement arrived Tuesday, ensuring the initiative will make its way to the ballots in November’s general elections.

Constitution Amendment Aimed at Preserving Abortion Rights

The constitutional amendment initiative originates from a Montana Supreme Court decision in 1999 that found the constitutional right to privacy safeguards the right to a pre-viability abortion by a provider of choice. The move follows concerted efforts by Republican politicians to challenge the ruling, particularly after the landmark U.S. Supreme Court case, Roe v. Wade, was overturned in 2022, returning the abortion issue to state discretion.

In Response to Anti-abortion Politics

Since the destabilization of Roe v. Wade, anti-abortion legislators have utilized a myriad of legislative tactics in an attempt to revoke abortion rights. In reaction, supporters of the right to choose have endeavored to bring the issue to voters in order to safeguard it within the state constitution.

The Legal Challenges in the Journey to the Ballot

Advocates of the initiative faced numerous legal hurdles in their quest to put the issue before voters in November. An initial ruling by the state’s Attorney General deemed the proposed ballot measure legally insufficient. Even after overruling by the Montana Supreme Court, the Attorney General revised the ballot language in a way seen as misleading by the initiative’s supporters.

From Court Disputes to Intimidation

The journey towards making the ballot hasn’t been straightforward. Beyond legal disputes, signature gatherers have reported incidents of voter intimidation. The process has involved overturning amended rules issued by the Secretary of State’s office, namely, a change that rejected signatures of inactive voters. This rule deviation, which marked a departure from nearly 30 years of precedent, also had to be tackled in court.

Prevailing over Hurdles — The Initiative Makes the Ballot

Supporters rallied, amassing more than 81,000 registered voter signatures, surpassing the required threshold by a notable margin. As a result, the electorate will indeed have the opportunity to cast their vote on this critical issue in the upcoming general elections.

Emphasis on State Control since the Overturning of Roe v. Wade

Montana’s move to directly involve voters in the abortion rights debate follows the initiative of seven other states since Roe v. Wade was overturned. It appears that in each instance where the issue has been put to voters, supporters of abortion rights have triumphed.