Sharon Nason

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On Wednesday, March 6, the Montana Supreme Court finally heard oral arguments in the case of Planned Parenthood of Montana v. State of Montana, related to the Parental Consent for Abortion Act enacted in 2013.  The act requires that a minor girl (under 16) must obtain her parents’ or guardians’ consent before undergoing an abortion procedure in Montana.  It is important to note this Act was passed as a result of a Legislative Referendum, LR-120, which was approved by more than 70% of Montana voters in 2012.

The conflict arises because Planned Parenthood of Montana challenged the constitutionality of the Act, and in February 2023 Judge Chris Abbott ruled the Act infringes on the right to privacy for minors. Prior to his decision, the Act had been enjoined (kept from going into effect) in district court for over 10 years. The State argued that Judge Abbott’s decision ignored the parental right to provide guidance and direction regarding medical decisions for minors.

The oral arguments took roughly two hours.  Chief Justice McGrath recused himself and no explanation was given.  Justice Baker assumed his role.  Both Justice Sandefur and Justice Gustafson appeared remotely, making it difficult to hear them.  For many present in the courtroom, several justices appeared hostile to the position of the State.  Judicial questioning seemed far more aggressive towards the attorney representing the State of Montana than towards the attorney representing Planned Parenthood of Montana which gave the appearance that a decision had already been made AGAINST upholding the Parental Consent for Abortion Act, undermining any pretense that our judiciary is impartial.

There is no timeline for when the Supreme Court will render their opinion, so it is vitally important for people of faith to pray for wisdom and discernment for the justices as they deliberate on this case.

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Editor Addition: The Montana Supreme Court does not make law, and only renders an opinion, not a "ruling." That opinion does not determine the constitutionality of any law and as the weakest of the three branches of government they do not reign supreme over the others.