Montana

Montana Supreme Court overturns 2013 abortion consent law

Published

2 years ago

August 14, 2024

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.

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.

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.”

Click here to read the full court ruling.

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Montana

Montana Lottery Powerball, Lotto America results for July 8, 2026

Published

4 hours ago

July 9, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at July 8, 2026, results for each game:

Winning Powerball numbers from July 8 drawing

12-29-37-43-55, Powerball: 18, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from July 8 drawing

17-26-31-32-37, Star Ball: 01, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from July 8 drawing

03-13-16-17, Bonus: 10

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from July 8 drawing

06-27-33-44-69, Powerball: 23

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from July 8 drawing

08-16-17-22-27

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from July 8 drawing

16-18-43-48-50, Bonus: 01

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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Montana

Montana signs onto data center energy cost protection pledge

Published

14 hours ago

July 8, 2026

Press Room

Montana signs onto data center energy cost protection pledge

HELENA, Mont — Gov. Greg Gianforte is backing a new effort to keep data centers from driving up Montanans’ power bills.

This week, Gianforte announced Montana is signing on to the Ratepayer Protection Pledge — an initiative endorsed by President Trump.

Several major technology companies like Amazon, Google, Meta, Microsoft, OpenAI, Oracle, and XAI first signed the pledge back in March.

The pledge comes as data center development continues to grow — raising questions about how much new energy will be needed and who will pay for it.

NBC Montana spoke with Julia Haggerty, professor of geography and department head of earth sciences at Montana State University, about whether Montana’s power grid is ready for that growth.

“Not without resolution of significant transmission bottlenecks and massive amounts of new generation. So, while our grid is adequately, relatively adequately equipped to serve the needs of our current load base, it’s definitely not equipped to accommodate the new demands without a lot of expansion,” she said.

According to the pledge, data center developers will pay for new power generation, and infrastructure needed to support their operations.

“It does align with ongoing regulatory efforts to ensure that the cost of new generation associated with data centers is borne by the developers of those data centers and not customers,” Haggerty said.

The governor’s office says Gianforte’s support of the pledge is designed to encourage responsible data center investments while protecting Montana ratepayers from long-term costs.

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