Nov. 17—Republican legislators from Northwest Montana are expressing dismay over the approval of a ballot initiative that codifies the right to an abortion in the state constitution but submit there’s little recourse available to alter the outcome aside from a federal ban.
The measure, CI-128, garnered the support of 58% of voters statewide in the Nov. 5 election with 344,410 ballots in favor and 251,846 against it. The ballot initiative enshrines a state Supreme Court ruling that determined the right to privacy protects the right to an abortion.
Elizabeth Hubble, the director of the women’s, gender and sexuality studies program at the University of Montana, said the broad support for the initiative in a Republican-majority state “shows that people who hold very conservative beliefs still understand the importance of health care.
The protection, according to Hubble, will make it difficult for anti-abortion legislation to pass on a state level.
Rep. Amy Regier, R-Kalispell, who has been an anti-abortion advocate throughout her political career, described the outcome as disappointing.
“There was a lot of false messaging as far as those wanting a yes vote,” she said. The idea that people want government out of health care decisions, well the government regulates all sort of health care decisions.
The initiative, per the ballot language, “would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.”
It prohibits government from denying an abortion before fetal viability or an abortion done “to protect the pregnant patient’s life or health.” It also prevents the government from penalizing patients, health care providers or others who assist someone in “exercising their right to make and carry out voluntary decisions about their pregnancy.
Sen. John Fuller, R-Kalispell, feels the measure’s language about providers gives immunity to “so-called health care professionals.”
More than 250 physicians statewide endorsed the initiative ahead of the election.
Like Fuller, Sen. Carl Glimm, R-Kila, said the initiative was too broad, poorly defined and lacked restrictions.
“I think that the language in it wasn’t very good, and it will go much further than anyone anticipated,” said Glimm, predicting that the state judiciary could use the protections under CI-128 and expand them beyond standard reproductive health care.
Heading into the 2025 legislative session, Regier wants to bring forward an educational component in response to CI-128, whether that be pre-procedure acknowledgements or education about fetal development.
Generally, health professionals say fetal viability starts between 20 and 25 weeks. Most abortions nationwide occur in the first trimester before 13 weeks.
Rep. Courtenay Sprunger, R-Kalispell, plans to file a “fatherhood at conception” bill. The act would adjust child support responsibilities to begin at conception if there is no question of paternity, but the specifics are still being ironed out.
“The general premise is just the idea that I want to see both men and women held equally accountable for the life that they’ve created,” Sprunger said.
With legislation specifically targeting access to abortion now unconstitutional, Fuller suggested there may be other avenues to push forward the anti-abortion agenda.
“When it comes to legislation regarding a constitutional amendment, there isn’t much a legislator can do,” said Fuller. “That needs to be litigated at the federal level, but of course that’s not my role.”
He holds hope that CI-128 is deemed as unconstitutional under the U.S. Constitution’s 14th Amendment because it “denies due process to the child that is unborn.”
CI-128 ORGANIZERS collected over 117,000 signatures qualifying the initiative for the ballot, far exceeding the 60,000 signatures required.
Montanans Securing Reproductive Rights, the group behind the initiative, then raised nearly $12 million to support the measure, according to OpenSecrets, compared to just over $100,000 raised by groups against it.
Conservative leaning Flathead County was less supportive of the measure with roughly 31,000 both in favor and against. As of Wednesday, Flathead County voters placed just 61 more votes against the ballot measure than in support of it.
“The Flathead Valley is a great conservative stronghold,” Glimm said regarding the result.
Similarly, in the 2022 election, the Born Alive Infant Protection Act — which would have required medical providers to give life-saving care to infants at any stage of development — failed by 6% of votes statewide. Voters in Flathead County voted for the initiative by 6%.
Measures on abortion access were decided by voters in nine other states this election as well. Out of 10 states, only three failed to pass protections, leaving strict bans in place.
The election came more than two years after the reversal of Roe v. Wade, ending the constitutional right to an abortion and handing the decision to individual states.
President-elect Donald Trump indicated on the campaign trail that a federal abortion ban is off the table.
“I’m not in favor of an abortion ban, but it doesn’t matter because this issue has now been taken over by the states,” Trump said during a debate with Vice President Kamala Harris.
Reporter Kate Heston can be reached at kheston@dailyinterlake.com or 758-4459.
