Justice Laurie McKinnon, in today’s opinion in Planned Parenthood v. State, ruled that the Consent Act in Montana, which conditions a minor’s right to obtain an abortion on parental consent unless a judicial waiver is obtained, violates the fundamental right of a minor to control her body and destiny as guaranteed by Article II, Section 10, of the Montana Constitution. The Act imposes no corresponding limitation on a minor seeking medical or surgical care related to her pregnancy or child, leading to a classification that cannot be sustained against privacy and equal protection challenges.
As the right to control reproductive decisions is fundamental for minors, and the State has failed to show a significant relationship between the classification and its asserted ends, the Consent Act is deemed unconstitutional under the Montana Constitution.
The Montana Constitution explicitly states,
Right of Privacy. The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest….
Rights of Persons Not Adults. The rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.
For a more in-depth understanding of the reasoning behind the decision, the full opinion can be accessed here.
