Montana Supreme Court

Planned Parenthood v. State

August 14, 20242024 MT 178

Summary

The Court held that Montana's Parental Consent for Abortion Act violates minors' fundamental rights to privacy and equal protection under the Montana Constitution. The Act fails strict scrutiny because it conditions abortion on parental consent or judicial waiver while imposing no comparable requirement on minors who continue their pregnancies, and the State did not show that the classification is narrowly tailored or enhances minors' protection. The Court also concluded that the judicial bypass procedure does not cure the Act's constitutional defects.