MT: Law requiring parental consent before abortion struck down as unconstitutional
A Lewis and Clark County District Court judge has permanently struck down a law that would require parents to give permission if their minor child wants an abortion, saying that law runs contrary to the Montana Constitution and the state’s landmark abortion decision, Armstrong vs. State of Montana.
However, Judge Christopher Abbott also declined to make a ruling on a separate parental notification law until a trial can be set, saying that not all the issues have been fully examined, therefore making a summary judgment impossible.
“Now before the court are two statutes: One, enacted by the people, requiring parental notice prior to an abortion, the other, enacted by the legislature, requiring parental consent. Whether these are popular or wise measures or reflect sound public policy is not for this court to decide, for the legislature (or the people, in the cases of initiative and referendum) holds the power to make law,” Abbott wrote.
At the heart of the case are two bills that govern how and when parents should be notified about a minor who seeks to have an abortion. One law, the Parental Consent to Abortion Act of 2013 required parents to approve an abortion procedure before a doctor could perform it, except in certain limited cases. Abbott ruled that both the case law and state constitution made such an act illegal, and permanently struck it down.
https://www.newsfromthestates.com/article/law-requiring-parental-consent-abortion-struck-down-unconstitutional
