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Montana Supreme Court overturns 2013 abortion consent law

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Montana Supreme Court overturns 2013 abortion consent law


HELENA — After a legal challenge that stretched out for over a decade, the Montana Supreme Court has invalidated a state law that would have required parental consent before a minor could get an abortion.

All seven justices ruled Wednesday that the law infringed on the right of privacy under the Montana Constitution, and that the state had not shown enough evidence to justify it as enhancing protections for minors.

“We also acknowledge that the State has a substantial interest in preserving the family, protecting minors, and protecting the rights of parents to raise their children,” wrote Justice Laurie McKinnon. “However, when weighed against the right of a minor to make the most intimate and personal decision of whether to carry a child to term, the interests expressed by the State must be furthered by and substantially related to the legislation itself, and the legislation must be narrowly tailored to meet only those legitimate legislative goals.”

The court heard oral arguments on this case in March, almost 11 years after the challenge was initially filed.

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In 2013, the Montana Legislature passed House Bill 391, which prohibited anyone under 18 from getting an abortion without notarized written consent from their parent or legal guardian. Exceptions would be allowed in a medical emergency or if a minor successfully petitioned a court to waive the requirement.

The bill became law without the signature of then-Gov. Steve Bullock, but it never went into effect, as Planned Parenthood of Montana sued over it and the office of then-Attorney General Tim Fox accepted a preliminary injunction. Over the following years, the case passed through several district court judges, eventually ending up with District Judge Chris Abbott of Helena. Last year, he ruled the law was invalid because it infringed on the right to privacy.

Attorney General Austin Knudsen’s office appealed the decision, saying Abbott had used the wrong standard when reviewing the law. State attorneys argued the Montana Constitution grants more authority to make laws that affect the rights of people under the age of 18, so the Armstrong decision – the 1999 Montana Supreme Court ruling that said abortion was covered under the state constitution’s right of privacy – didn’t apply in full here.



Attorneys for Planned Parenthood argued the state couldn’t point to a legitimate health or safety risk to justify the law, and that they weren’t applying their interests neutrally because the consent requirement would only apply to abortion, not to other procedures.

In her majority opinion, McKinnon echoed those points. She noted that the court has concluded in cases as recently as last year that abortion is safe and presents minimal health risks. She said the state hadn’t demonstrated requiring parental consent would protect minors from sexual abuse, physical and mental health impacts or immature decision-making.

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McKinnon also said applying the consent requirement to minors wanting to get an abortion but not those wanting to continue a pregnancy discriminates against those choosing abortion.

McKinnon’s opinion was joined by Justices Jim Shea, Ingrid Gustafson, Dirk Sandefur and Beth Baker, as well as District Judge Elizabeth Best, who heard the case in place of Chief Justice Mike McGrath after he recused himself.

Justice Jim Rice wrote a concurring opinion. He agreed the consent requirement infringed on the right to privacy and should be found unconstitutional on that basis. He disagreed with McKinnon’s finding that there was an equal protection issue based on whether a minor chooses to get an abortion or continue their pregnancy, but said there was different treatment of those seeking an abortion based on whether or not they were under 18, and that the law still wasn’t narrowly tailored enough to satisfy the state’s interests in that case.

Rice also criticized what he called “the judiciary’s failure to address this case in a timely fashion.”

“While perhaps no single individual or court bears all the blame, the public’s confidence in the judiciary rests on the expectation that the courts will faithfully execute judicial duties,” he wrote. “The public deserves better than what occurred in this case, and courts must do better.”

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Click here to read the full court ruling.





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Montana Department of Agriculture focusing on innovation in 2026

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Montana Department of Agriculture focusing on innovation in 2026


HELENA — You probably have goals and plans for 2026—the Montana Department of Agriculture does too.

“We’re really focusing on innovative agricultural practices,” Montana Department of Agriculture director Jillien Streit said.

It’s no secret that agriculture—farming and ranching—is not easy. There are long days, planning, monitoring crops and livestock, and other challenges beyond farmers’ and ranchers’ control.

(WATCH: Montana Department of Agriculture focusing on innovation in 2026)

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Montana Department of Agriculture focusing on innovation in 2026

“We have very low commodity prices across the board,” Streit said. “We still have very high input prices across the board, and we have really high prices when it comes to our equipment, and so, it’s a really tough year.”

But innovation, including new practices, partnerships and technology use, can help navigate some of those challenges.

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“We can’t make more time and we can’t make more land, so we need to start putting together innovative practices that help us maximize what our time and land can do,” Streit said.

Practices range from using technology like autonomous tractors and virtual fencing—allowing rangers to contain and move cattle right from their phones—to regenerative farming and ranching.

“It is bringing cattle back into farming operations to be able to work with cover cropping practices to invigorate the soil for new soil health benefits,” Streit said.

The Montana Department of Agriculture is working to help producers learn, share, and collaborate on new ideas to work in their operations.

The department will share stories of practices that work from farms and ranches across the state. Also, within the next year or so, Streit said the department is hoping to roll out technology to help producers collaborate.

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“(It’s) providing a communication platform where people can get together and really help each other out by utilizing each other’s assets,” she said.

While not easy, agriculture is still one of Montana’s largest industries, and Streit said innovating and sharing ideas across the state can keep it going long into the future.





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Frontier Conference women: MSU-Northern, Montana Western pull upsets to advance to semifinal round

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Frontier Conference women: MSU-Northern, Montana Western pull upsets to advance to semifinal round


BUTTE — MSU-Northern and Montana Western pulled a pair of upsets Saturday at the Butte Civic Center to wrap up the quarterfinal round of the Frontier Conference women’s basketball postseason tournament.

The fifth-seeded Skylights started the day with a red-hot shooting performance to down No. 4 Rocky Mountain College 82-74. Western, the sixth seed, used a third-quarter surge to defeat No. 3 Carroll College 65-56.

MSU-Northern (17-11) and Western (14-13) now advance to Sunday’s semifinal round, where the Skylights will play No. 1 seed Dakota State at noon and the Bulldogs will face No. 2 Montana Tech at 2:30 p.m.

MSU-Northern 82, Rocky Mountain College 74

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MSU-Northern sizzled in the first quarter, making seven 3-pointers to take a double-digit lead, and put together a crucial third-quarter run to get past Rocky and advance to the semifinal round.

Becky Melcher splashed four 3s in the first 10 minutes, and Taya Trottier, Canzas HisBadHorse and Shania Moananu added one apiece as the Skylights built a 29-13 lead. Melcher scored 14 first-quarter points and finished with a game-high 30 on 10-of-19 shooting (7 of 15 from 3-point range). She added 11 rebounds, a blocked shot and three steals to her stat line.

Rocky battled back to tie the game at 36-36 in the second quarter on a Brenna Linse basket, but MSUN responded with consecutive triples from Trottier and Melcher and took a 44-38 lead into halftime. The Bears eventually stole the lead back in the third quarter following a 9-0 run capped be an Isabelle Heggem bucket.

But the Skylights again answered — this time with a 13-2 run to take a 60-51 lead. MSUN led 66-59 going to the fourth and wouldn’t trail the rest of the way. The Skylights trailed for less than two total minutes of the game.

As a team, MSUN made 14 of 26 3s in the game. Ciera Agasiva was 3 for 3 from behind the arc, and Trottier was 2 for 3. Trottier had 18 points, eight rebounds and six assists, while Agasiva had 13 points.

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Paige Wasson led Rocky (20-9) with 29 points but was 0 for 10 on 3-point attempts. Heggem had a double-double of 21 points and 12 rebounds.

Montana Western 65, Carroll 56

After neither team led by more than five points in the first half, Western broke open a 25-25 tie game by outscoring Carroll 20-9 in the third quarter.

Bailee Sayler scored 10 points in the quarter, including making two 3-pointers, to help the Bulldogs take control. They led 45-34 going to the fourth, and Carroll wouldn’t get closer than six points the rest of the way.

The Fighting Saints were just 18-of-65 shooting (27.7%) for the game.

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Sayler scored an efficient 22 points on 7-of-8 shooting. She was 2 for 3 from 3-point range and 6 for 7 at the free throw line. The Missoula native also had nine rebounds.

Isabella Lund added 16 points for the Bulldogs, and Keke Davis had 11 points and 11 rebounds.

Carroll (19-10) was led by Kenzie Allen with 12 points. Willa Albrecht and Meagan Karstetter scored 11 points apiece for the Saints.





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Women who made agriculture work in Montana

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Women who made agriculture work in Montana


Recently, I was asked to talk about what it is like to be a female rancher.

I was flattered to be asked, but I don’t know the answer.

I do know what it is like to be a human rancher and I know that I admire many women who also are ranchers.

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In fact, 36 percent of the farmers and ranchers in the U.S. are women and they manage almost half of America’s ag land.

Globally, we produce more than half of all food.

In Montana, we all benefit from amazing female leaders in agriculture.

If you want to know about improving soil health or the rewards of raising sheep, talk to Linda Poole in Malta.

If you want to learn how to organize a grassroots rancher’s organization and effect meaningful change, talk to Maggie Nutter in Sunburst.

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Trina Bradley of Dupuyer will look you in the eye and tell you everything you need to know about the impacts of grizzlies on her ranch life.

Colleen Gustafson, on the Two Med, graciously hosts and educates non-ranchers for months at a time without strangling them, all while maintaining every fence, buying every bull and killing every weed on her ranch.

Adele Stenson of Wibaux and Holly Stoltz of Livingston find innovative solutions to ranching challenges and then — even harder — find ways to share these innovations with hard-headed, independent cusses who want to do it our own way.

In fact, I’ve noticed that often women seek novel innovations to deal with a ranching challenge.

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If a man happens to be around, she might even run it past him.

It’s rubber band ranching – stretch with an idea, contract to assess it, then stretch again to implement it.

Long ago, my friend Michelle and I promoted the One Good Cow program at the Montana Stockgrowers Association meeting.

We asked cattle producers to donate one cow to ranchers who had lost so many in blizzards and floods that year.

As we stood on stage in a room full of dour, silent men, I remember finding the one person I knew and asking what he thought.

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Just as he would bid at a livestock auction, he barely nodded his approval.

We ended up gathering more than 900 cows from across the nation and giving them to 67 producers.

One Good Cow was a good idea.

Now I don’t seek approval for my ideas so sometimes my rubber band doesn’t contract to assess one before I stretch into action.

That’s how I got myself into producing shelf-stable, ready-to-eat meals made with my beef and lamb.

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This is a good idea, too.

I hope.

I wonder if it is easier to ranch as a woman in some ways.

Society pressures men to know all of the answers all of the time, but If I mess up, I try to learn from my mistake and move forward.

When Imposter Syndrome hits or we can’t find a solution to an unsolvable problem – the effects of climate change, commodity markets or competing demands from family – secretly faking it until we make it gets lonely.

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The downward spiral of loneliness and the pressure to be perfect can lead to suicide.

Male ranchers kill themselves 3.5 times more often than the general public.

Female ranchers kill themselves, too, just a little less often.

I’m fortunate to have good friends who love me even when I’m far from perfect.

We laugh together, they remind me that I have a few good attributes even when I forget, they tolerate my weirdness and celebrate little successes.

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They stave off loneliness.

They know all ranchers try our best, we appreciate a little grace, and a warm fire feels good to our cold fingers.

Lisa Schmidt raises grass-fed beef and lamb at the Graham Ranch near Conrad. Lisa can be reached at L.Schmidt@a-land-of-grass-ranch.com.



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