Montana enshrines abortion access into state constitution

Montana voters have passed a ballot measure to amend the state’s constitution to include the right to an abortion, cementing access to abortion services in the state. 

Constitutional Initiative No. 128 in Montana amends the state constitution to “expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.” 

“It would prohibit the government from denying or burdening the right to abortion before fetal viability,” the initiative states. “It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health.” 

The ballot measure also bars the government from penalizing patients, health care providers or other individuals who help someone in “exercising their right to make and carry out voluntary decisions about their pregnancy.” 

Abortion is permitted in Montana up to the point of fetal viability, generally considered to be around 24 weeks. 

Neighboring states such as Idaho and South Dakota have near-total abortion bans. While North Dakota and Wyoming also allow abortions up until viability, the Guttmacher Institute considers those states to be restrictive due to stringent policies and an absence of providers. 

Prior polling had indicated that Montana voters were in favor of abortion access, though few considered it to be the most important issue to them. 

The Mountain States Poll published in October found that 60 percent of survey participants said they approved of Initiative 128. In an Emerson College Polling/The Hill survey of Montana voters also published in October, 7 percent said abortion was the top issue for them, compared to 40 percent who said it was the economy. 

Montana also went to former President Trump comfortably Tuesday, as expected, and though its Senate race hadn't yet been called as of early Wednesday morning, Republican challenger Tim Sheehy appeared in position to knock off Democratic incumbent Sen. Jon Tester. Decision Desk HQ projected Sheehy to have a 97.3 percent chance of winning, based on the votes that had been counted.