Montana’s Supreme Court ruled Wednesday that minors don’t need their parents’ permission to get an abortion in the state – agreeing with a lower court ruling that found the parental consent law violates the privacy clause in the state constitution.
“We conclude that minors, like adults, have a fundamental right to privacy, which includes procreative autonomy and making medical decisions affecting his or her bodily integrity and health in partnership with a chosen health care provider free from governmental interest,” Justice Laurie McKinnon wrote in the unanimous opinion.
The ruling comes as an initiative to ask voters if they want to protect the right to a pre-viability abortion in the state constitution is expected to be on the Montana ballot in November. County officials have verified enough signatures to qualify the issue for the ballot, supporters have said. The Secretary of State’s Office has to certify the general election ballots by Aug. 22.
Yeah, but that is only if the two constitutions contradict each other.
If they don’t, then both are go.
Ah, you’re right. I did a bit more digging, and in it appears that unless the case involved contradictory interpretations of the state vs U.S. constitution at each level of it’s trial progression, the case cannot be appealed to SCOTUS.
My supposition at the end of my previous comment wouldn’t come to fruition - at least not as the result of an appeal to this case.
I’ll amend my comment.