Republican lawmakers shy away from changing Montana's constitutional right to abortion
In Montana, Republican Gov. Greg Gianforte's administration wants to reverse a 1999 state Supreme Court ruling that said the state's constitutional right to privacy extends to abortions. Republicans could bypass the courts and go straight to the state's voters to make that change without the support of Democratic legislators. That's after Republican lawmakers clinched a supermajority — two-thirds of the legislative seats, allowing the GOP to overturn vetoes and forward constitutional amendments to the ballot.
Republican lawmakers have introduced at least four constitutional amendment bills so far in the legislative session that began in January, but none has dealt with abortion. That may be due to the uncertainty over how Montanans and even Republican lawmakers would react to such a proposal after voters in other states sided with abortion rights advocates on ballot issues in last year's elections.
Kansas and Kentucky voters rejected constitutional amendments that would have declared there is no right to an abortion. Michigan, Vermont, and California voters codified abortion rights in their constitutions. And Montana voters rejected a "born-alive" initiative that would have created criminal penalties for health workers who do not attempt to save the life of a baby, embryo, or fetus after a botched abortion or other birth.
Jessi Bennion, a political scientist who teaches at Montana State University and Carroll College, said Republicans, unsure of where voters stand, are likely hesitant to strike at the state constitution.
"What Republicans are doing right now is they are testing the waters," Bennion said. "The midterms scared a lot of Republicans."