Washington (AP) In Montana, where voters have guaranteed the right to an abortion in the state constitution, the Supreme Court announced on Thursday that it will not consider a case involving an attempt to resurrect a rule requiring minors to obtain parental consent before having an abortion.
The Republican-led state’s petition to overturn a Montana Supreme Court decision that invalidated the statute was denied by the judges. The 2013 law requiring parental consent was struck down last year after being halted in court and never going into effect.
State officials in Montana claim that the ruling infringed upon the rights of parents.
According to state attorneys’ arguments in court filings, Montana’s attempt to uphold parents’ rights to be informed about and involved in their child’s medical decisions is a fundamental right.
Clarence Thomas and Samuel Alito, two conservative justices, wrote separately to state that the high court’s refusal to take up the issue was because to its technical legality rather than that the state’s claim was rejected.
In a state that has upheld the right to an abortion, Planned Parenthood contended that the Montana Supreme Court ruling struck a compromise between the rights of parents and minors. Prior to the Supreme Court’s worldwide overturning of Montana’s highest recognized abortion right, voters enshrined it in the state constitution last year.
According to the group, petitioners aim to use the parental right as leverage against the rights of minors. In addition to parental rights, the child’s wider interests must be taken into consideration.
The law would require written, notarized consent before an abortion could be performed on a person under the age of 18. Additionally, it would enable judicial bypass—the practice of children asking judges for authorization. Another statute in Montana mandates that parents be informed when a minor undergoes an abortion.
According to data collected by KFF, a charity that studies health care issues, more than two dozen states need parental approval for abortions performed on minors, however the laws have also been banned in California and New Mexico. Three of those laws are also being halted in court, but twelve additional states mandate parental notification alone.
