In a significant decision, the Montana Supreme Court has declared unconstitutional a state law mandating parental consent before minors can obtain abortions. The ruling came after more than a decade of litigation and was based on the right to privacy under the Montana Constitution. The court found that the state had not provided sufficient evidence to justify the law as enhancing protections for minors.

The contested law, House Bill 391, was passed by the Montana Legislature in 2013 and prohibited minors from undergoing abortions without notarized written consent from their parents or guardians. Exemptions were allowed in medical emergencies or when minors successfully petitioned courts to waive the requirement. However, the law never went into effect due to a lawsuit filed by Planned Parenthood of Montana and a preliminary injunction accepted by then-Attorney General Tim Fox's office.

The case progressed through various district court judges and ultimately reached District Judge Chris Abbott of Helena. Last year, Abbott declared the law invalid due to its infringement on privacy rights. The Montana Attorney General's office, under Austin Knudsen, appealed the decision, arguing that the court should apply a different standard when reviewing laws affecting minors under 18 years old. However, attorneys for Planned Parenthood argued that the state had failed to demonstrate any legitimate health or safety risks to justify the law and pointed out the discriminatory nature of applying the consent requirement only to abortions.

In her majority opinion, Justice Laurie McKinnon echoed these arguments and emphasized that the court had previously concluded that abortion is safe and poses minimal health risks. She also noted that the state had not provided evidence to support the notion that requiring parental consent would protect minors from sexual abuse or physical and mental health impacts. Furthermore, McKinnon highlighted the discrimination against minors seeking abortions compared to those choosing to continue their pregnancies.

Justice Jim Rice concurred with McKinnon's opinion but disagreed with her finding of equal protection issues based on the choice of continuing or terminating a pregnancy. Rice acknowledged different treatment of minors seeking abortions depending on their age and criticized the judiciary's handling of the case, stating that it failed to address the matter in a timely manner. He emphasized the importance of public trust in the judiciary and called for improvements in court proceedings.

Planned Parenthood of Montana welcomed the court's decision, praising it as affirming privacy rights and upholding fundamental rights for Montanans. Martha Fuller, president and CEO of Planned Parenthood of Montana, expressed satisfaction with the court's recognition of private medical decisions and access to abortion care.

Gov. Greg Gianforte expressed disappointment and concern over the ruling, stating that it erodes parents' rights to oversee their children's medical care. He emphasized his support for parental rights and criticized the court's decision as undermining one of history's fundamental rights: parents' consent to their children's medical procedures.

The attorney general's office, led by Austin Knudsen, described the court as radical and out-of-touch and criticized Planned Parenthood's efforts to challenge laws protecting parents' rights. Press secretary Chase Scheuer highlighted public support for parental involvement in their children's medical decisions and expressed disappointment in the court's decision to strip parents of their rights. Scheuer also mentioned ongoing litigation regarding a parental notice act and hinted at potential next steps by the attorney general's office in reviewing the court's ruling.