Montanans vote to codify abortion access in the state constitution

HELENA, Mont. — Montanans have voted to protect reproductive rights in the state’s constitution, according to a call by the Associated Press.

The passage of the ballot initiative won’t change the status quo — abortion remains legal and accessible in the state. Access is protected by a 1999 Montana Supreme Court precedent that found the state’s right to privacy protects the right to terminate a pregnancy. Courts have upheld that precedent in recent years as the state’s Republican-majority government has attempted to restrict abortion.

But reproductive rights advocates say that precedent could be overturned, like in the case of Roe v. Wade in the U.S. Constitution.

The Montana Constitution will now explicitly prohibit the government from burdening the right to abortion before fetal viability — around the 24th week of pregnancy. The measure also guarantees abortion access post-viability to protect the pregnant person’s life or health.

Opponents, including Republican Gov. Greg Gianforte, say the measure is too extreme and argue it would allow abortion “up until the moment of birth.” KFF, an outlet covering health care, says that claim is false.

Montana is one of 10 states voting on abortion. An amendment failed in Florida to reach a 60% threshold. Meanwhile, voters have added reproductive rights protections in Missouri, Colorado and Maryland.