Republican lawmakers shy away from changing Montana’s constitutional right to abortion

Republican lawmakers in Montana have a supermajority that gives them the right to ask voters to approve a constitutional amendment that would sever the link between the right to abortion and the right to privacy in the state constitution.

But so far, they haven’t tried asking voters for a change, a rewrite that would allow lawmakers to ban or further restrict abortion after the U.S. Supreme Court returned that right to the states last year.

While 14 states have since banned abortion almost completely Rowe vs. Wade was canceled last year, Montana is one example of how, in some Republican-controlled states, the battle over abortion policy is likely to continue for some time.

“It takes time,” Montana House Speaker Matt Regier, a Republican, said. “It took years to undo the wrong decision Rowe vs. Wade“.

Montana is one of 11 states recently joined by South Carolina, where courts have ruled that access to abortion is a constitutional right, and legal battles to repeal or strengthen those rights are escalating. In Florida, reproductive health providers are challenging the 15-week blanket ban on abortion in the state Supreme Court, citing a longstanding interpretation that the state’s right to privacy extends to abortion. Legislation is pending on what standards Iowa will adopt after the state Supreme Court overturned its 2018 ruling that due process and equal protection ensures access to abortion.

Meanwhile, in January, Minnesota, where a court had already ruled that abortion is a constitutional right, incorporated that protection into state law and expanded the right to reproductive health care. The same month, the South Carolina Supreme Court overturned the abortion ban after six weeks, joining the states that had defined abortion as a right. There, both opponents and supporters of abortion expect new attempts by the Republican-controlled legislature to restrict access to them.

In Montana, the administration of Republican Governor Greg Gianforte wants to overturn a 1999 state Supreme Court ruling that extended the state’s constitutional right to privacy to abortion. Republicans could bypass the courts and go straight to the state’s voters to make this change without the backing of Democratic lawmakers. This came after Republican lawmakers won an overwhelming two-thirds of the seats in the legislature, allowing the Republican Party to override the veto and amend the constitution for a vote.

Republican lawmakers introduced at least four constitutional amendment bills in the legislative session that began in January, but none of them dealt with abortion. That may be due to uncertainty about how Montana residents and even Republican lawmakers would react to such a proposal after voters in other states sided with abortion rights advocates on voting issues in last year’s elections.

Kansas and Kentucky voters rejected constitutional amendments that would have declared no right to abortion. The voters of Michigan, Vermont, and California have enshrined the right to abortion in their constitutions. And Montana voters rejected the “live birth” initiative, which would criminalize healthcare workers who do not attempt to save the life of a baby, embryo, or fetus after a failed abortion or other delivery.

Jessie Bennion, a political scientist who teaches at Montana State University and Carroll College, said Republicans, unsure of where voters stand, are likely hesitant to strike at the state constitution.

“What Republicans are doing right now is testing the ground,” Bennion said. “The midterm elections scared many Republicans.”

There are also signs of a split in the party’s ranks. The State Senate recently debated a bill that would add a declaration to state law that the right to privacy does not apply to abortion. The bill passed the Senate 28–21 and is now in the House of Representatives, but was voted down by six of 34 Republicans in the Senate.

Republicans hold 102 of the 150 seats in the Montana legislature, and while they can legislate by a simple majority, they need a 100-member supermajority to put a proposed constitutional amendment on the ballot. And because the state’s Democrats have opposed new abortion restrictions, Republicans can’t let too many people quit the ranks if they propose a referendum.

Some Republicans who voted against the bill said the problem for them was not abortion, but the potential invasion of doctors’ privacy. Senator Bruce Gillespie has supported bills in past legislative sessions to limit the length of pregnancy at which an abortion can be performed, but he said he could not vote on the recent bill.

“I’m not for abortion, but I’m not for trying to dictate rights to people,” Gillespie said.

Republican Sen. Jeff Welborn, another no vote, said he heard from people who, like him, believe there is a time and place for abortion. “There are more people who think like me but don’t necessarily have the guts to vote like me,” Welborn said.

Republican Senate spokesman Kyle Schmauch noted that the session is just beginning and that it is possible to amend the constitution. But it’s unclear how far people want the restrictions to go.

“The people of Montana as a whole want to see at least some restrictions on abortion,” Schmauch said. “I don’t think we have a really reliable idea of ​​what voters think about all the different rules.”

Democratic lawmakers have introduced reproductive health bills to expand access to health care, such as requiring insurers to cover a year’s supply of contraceptives, in what they call an attempt to find common ground. They also have a bill to codify the right to abortion in state law, but since they are a minority party, chances are their proposal won’t get very far.

“We expect to be tough on the defensive and see Republicans try to take away Montana’s right to make their own decisions about their bodies,” Democratic Rep. Alice Buckley said in a statement.

KHN (Kaiser Health News) is a national news service that produces in-depth journalism on health issues. Together with Policy Analysis and Polling, KHN is one of the three main operating programs of the KFF (Kaiser Family Foundation). KFF is a charitable, non-profit organization providing health information to the nation.

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texasstandard.news contributed to this report.

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