The plaintiffs argue that the law is an unconstitutional content- and viewpoint-based restriction on speech. They also argue it does not clearly define what actions are illegal, leading people to censor their own speech out of concern for violating the law.

“We are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,” Malita Picasso, the ACLU staff attorney who presented the plaintiffs’ case at the Sept. 17 court hearing, said. “While this fight is not over, every day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop opposing this ban and all others like it until every transgender person has the care and support they need to thrive.”

“Abortion care is already subject to government oversight and regulation, and it is incredibly safe and necessary health care. Yet abortion providers like myself have faced relentless attacks for providing care to our communities. This newest attack has nothing to do with patient safety, it is designed to harass us and our patients,” Weems said in the press release.

We must prioritize taking care of one another. Across age, race, gender, class, geography, and party affiliation, we are entitled to control our own bodies. Let’s focus on the shared values that connect us and work together to ensure that Montana never has to mark an anniversary of a year without abortion.

In the 2023 legislative session, Republicans introduced 13 bills attempting to limit abortion access, a substantial uptick from the seven anti-abortion bills brought by legislators in 2021, four in 2019, and two in 2017, 2015 and 2013.

“My major concern is how it will impact the ability to perform this procedure in an urgent fashion in a life-threatening situation,” [Tim Mitchell, a Missoula-based maternal-fetal medicine specialist] said, outlining situations where doctors are afraid to perform a D&E, even to save the life of a patient, for fear of legal retribution, a pattern that has taken shape in other states that have passed abortion bans.