- cross-posted to:
- legalnews@lemmy.zip
- cross-posted to:
- legalnews@lemmy.zip
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.
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!?
The Montana State constitution has a guaranteed right to privacy, which is what Row v Wade used to guarantee abortion access. It would take a Montana constitutional amendment to change it in Montana. Scotus has no authority over the matter.
The whole country needs a constitutional right to privacy
Agreed, and we did prior to Roe v Wade being repealed
Well, this was the state supreme Court, so to do that a federally ruling would have to have pretty broad implications, like “states cannot legally guarantee a right to privacy to their citizens” and would be pretty contentious