Abortion remains legal in Montana for now, efforts underway to enact ban

BOZEMAN, Mont. — After Friday's U.S. Supreme Court decision to overturn Roe v. Wade, the future of abortion in Montana is uncertain.

Montana is currently protected under the 1999 Armstrong decision, a 23-year-old precedent that founded the State Constitution's right to privacy and guarantees a woman's access to an abortion.

Thirteen states have so-called "trigger laws," which ban most or all abortions and take effect immediately or within 30 days.

Several other states have pre-Roe bans which also go into effect in Roe's absence.

Montana is surrounded by four states with trigger bans: Idaho, Wyoming, North Dakota and South Dakota.

While abortion is protected under the Armstrong precedent in Montana right now, it's being challenged.

In February, Montana Attorney General Austin Knudsen asked the State Supreme Court to overturn the Armstrong decision. Knudsen claimed the right to an abortion was entirely judge-made.

The appeal was part of a larger legal battle against three controversial abortion laws passed in 2021, all of which are temporarily blocked.

On Friday, Gov. Greg Gianforte said he's in discussions with state legislative leaders about the next steps to protect life in Montana.

Lawmakers have two main options if they do move to ban abortion in the state. They can either enact a new law, which would likely be challenged in court or push for a constitutional referendum to change the state's Bill of Rights.

A referendum would need to go before voters.

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