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| A constitutional initiative that 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 would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or burdening access to an abortion when a treating health-care professional determines it is medically indicated to protect the pregnant patient's life or health. The initiative would prevent the government from penalizing patients, health-care providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy. | |||||||||||||||||||
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Yes
No
Initiative 128 was a ballot initiative that appeared on the ballot on November 5, 2024, to establish in the Constitution of Montana a right to abortion up to fetal viability. The initiative was approved by 58 percent of voters.
History
See also: Abortion in MontanaIn 1999, the Montana Supreme Court ruled in Armstrong v. State that the state constitution's right to privacy includes abortion access. Governor Greg Gianforte called on the Montana Supreme Court to revisit its decision in Armstrong, following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey. In May 2023, the Montana Supreme Court unanimously ruled in Weems v. State that the right to abortion was protected under the state constitution's right to privacy, reaffirming its prior ruling in Armstrong.
In November 2022, Montana voters narrowly rejected Legislative Referendum 131, which would have defined certain infants as "born alive" and compelled medical practitioners to provide life-sustaining care to them, no matter the prognosis, with 52.55 percent of voters opposed. Since then, Gianforte has signed into law several bills restricting abortion access, including legislation to ban dilation and evacuation abortions and another prohibiting Medicare and Medicaid funding for abortions, unless they are the result of rape or incest, though many of these laws have been challenged or struck down in court.
In November 2023, Montanans Securing Reproductive Rights (MSRR) proposed Ballot Measure #14, which would affirm the right to abortion in the Montana Constitution. In January 2024, Attorney General Austin Knudsen challenged the legal sufficiency of the ballot initiative, claiming that the measure "logrolls multiple distinct political choices into a single initiative" and "limits the ability of the state to provide for public health and safety". The Montana Supreme Court rejected Knudsen's challenge in a 6–1 ruling in March 2024, after which Knudsen sought to rewrite the language of the ballot initiative, which was immediately challenged by the MSRR as "confusing, argumentative, and prejudicial". The Supreme Court again rewrote the ballot language in a 6–0 ruling on April 1, 2024, and allowed the ballot initiative to bypass the requirement that it go before an interim committee for an up or down vote since Knudsen never found the proposal to be legally sufficient. Following this ruling, Montana Senate President Jason Ellsworth formed a new special select committee to study judicial oversight and reforms, accusing the Supreme Court of overstepping the separation of powers and alleging multiple other courts of violating the state constitution. Ellsworth also issued a subpoena to Jacobsen for all records tied to Ballot Issue 14, which he said would be "used by a legislative interim committee" to review the ballot issue. The legislative interim committee met on April 18 and voted 6–0 not to support Ballot Measure #14, with the two Democratic members of the committee and groups making up Montanans Securing Reproductive Rights declining to attend the meeting.
Montana Secretary of State Christi Jacobsen sent MSRR its ballot petition on April 5, 2024, a day after the Montana Supreme Court ordered her to do so. MSRR began collecting signatures for Initiative 128 in April 2024, and submitted about 117,000 signatures for the ballot initiative on June 21, 2024. In July 2024, MSRR accused the Montana Secretary of State of invalidating the signatures of inactive voters, prompting a legal challenge. On July 16, Clark County District Court judge Mike Menahan ordered the Montana Secretary of State to revert rule changes that led its office to invalidate these signatures and to restore the ones it had rejected. Jacobsen appealed this ruling to the Montana Supreme Court, which unanimously upheld Menahan's ruling. County election officials verified 81,163 signatures as of July 24, 2024, putting Initiative 128 on the 2024 general ballot.
Campaign
Initiative 128 was supported by Montanans Securing Reproductive Rights, which is led by Martha Fuller, the president of Planned Parenthood Advocates of Montana, and includes the ACLU of Montana and Forward Montana. It was opposed by the Montana Life Defense Fund, which is chaired by Jeff Laszloffy, the president of the Montana Family Foundation. As of October 2024, pro-amendment groups spent over $11 million on ads supporting Initiative 128, compared to about $105,000 for the referendum's opponents. Susan B. Anthony Pro-Life America and Students for Life of America have also reported spending about $160,000 on canvassing efforts opposing Initiative 128.
Supporters of Initiative 128 argued that the constitutional amendment is necessary to prevent Republican legislators from passing bills to restrict abortion in the state. The initiative's opponents argued that the amendment, if passed, would enable late-term abortions and overturn state laws banning Medicaid funding for abortion and requiring parental notification for minors that terminate their pregnancies. Initiative 128 would allow the government to regulate abortions after fetal viability, which it defines as the point in pregnancy when a treating medical provider finds that there is a significant likelihood that a fetus would be able to survive outside the uterus without extraordinary medical measures.
Endorsements
YesU.S. Senators
- Jon Tester, Montana (2007–present) (Democrat)
Statewide officials
- J. B. Pritzker, Governor of Illinois (2019–present) (Democrat)
State legislators
- Kim Abbott, minority leader of the Montana House of Representatives (2021–present) from the 83rd district (2017–present) (Democrat)
- Jill Cohenour, state senator from the 42nd district (2015–present) (Democrat)
- Pat Flowers, minority leader of the Montana Senate (2023–present) from the 32nd district (2019–present) (Democrat)
Individuals
- Michael Bloomberg, Mayor of New York City (2002–2013) (Democrat)
- Ryan Busse, Democratic nominee for governor of Montana in 2024 (Democrat)
- Raph Graybill, attorney and Democratic nominee for lieutenant governor in 2024 (Democrat)
- Alexis McGill Johnson, president and CEO of Planned Parenthood
- Mini Timmaraju, president and CEO of Reproductive Freedom for All
- Monica Tranel, former Olympian rower (Democrat)
Organizations
- American Civil Liberties Union
- Forward Montana
- Freedom From Religion Foundation
- Montanans for Choice
- Planned Parenthood
U.S. representatives
- Ryan Zinke, MT-01 (2015–2017, 2023–present) (Republican)
Statewide officials
- Greg Gianforte, governor of Montana (2021–present) (Republican)
- Roger Koopman, former Montana Public Service Commissioner (2013–2021) (Republican)
State legislators
- Jason Ellsworth, president of the Montana Senate (2023–present) from the 43rd district (2019–present) (Republican)
- Jodee Etchart, state representative from the 48th district (2023–present) (Republican)
- Chris Friedel, state senator from the 26th district (2021–present) (Republican)
- Greg Hertz, state senator from the 6th district (2021–present) (Republican)
- Caleb Hinkle, state representative from the 68th district (2021–present) (Republican)
- Amy Regier, state representative from the 6th district (2021–present) (Republican)
- Keith Regier, state senator from the 3rd district (2017–present) (Republican)
- Linda Reksten, state representative from the 12th district (2021–present) (Republican)
Individuals
- Jeffrey M. Fleming, bishop of the Diocese of Great Falls–Billings
- Tim Sheehy, Republican nominee in the 2024 United States Senate election in Montana (Republican)
- Austin Vetter, bishop of the Diocese of Helena
- Michael William Warfel, bishop emeritus of the Diocese of Great Falls–Billings
Organizations
Declined to endorseOrganizations
Opinion polls
| Poll source | Date(s) administered |
Sample size |
Margin of error |
For | Against | Undecided |
|---|---|---|---|---|---|---|
| MSU Billings | September 30 – October 16, 2024 | 760 (LV) | ± 3.6% | 60% | 25% | 10% |
Results
| Choice | Votes | % |
|---|---|---|
 Yes
|
345,070 | 57.76 |
| No | 252,300 | 42.24 |
| Total votes | 597,370 | 100.00 |
See also
- Abortion in Montana
- Initiatives and referendums in the United States
- 2022 Kansas abortion referendum
- 2022 California Proposition 1
- 2022 Michigan Proposal 3
- 2022 Vermont Proposal 5
- November 2023 Ohio Issue 1
- 2024 Arizona Proposition 139
- 2024 Colorado Amendment 79
- 2024 Florida Amendment 4
- 2024 Maryland Question 1
- 2024 Missouri Amendment 3
- 2024 Nebraska Initiative 439
- 2024 Nevada Question 6
- 2024 New York Proposal 1
- 2024 South Dakota Amendment G
Notes
- ^ National and Montana chapters
- Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
References
- Choi, Joseph (November 6, 2024). "Montana enshrines abortion access into state constitution". The Hill. Retrieved November 6, 2024.
- Schubert, Keith (August 2, 2022). "Gov. Gianforte urges supreme court to reconsider Armstrong decision". Daily Montanan. Retrieved September 14, 2024.
- Ehrlick, Darrell (May 12, 2023). "Montana Supreme Court says advance practice nurses can perform abortion care". Daily Montanan. Retrieved September 14, 2024.
- "Montana voters reject "born alive" abortion referendum". Associated Press. November 10, 2022. Retrieved September 14, 2024.
- Miller, Blair (May 16, 2023). "Gianforte signs additional abortion restriction bills; one court challenge already refiled". Daily Montanan. Retrieved September 14, 2024.
- Riley, John (May 18, 2023). "Montana court puts hold on new law banning common abortion procedure". KTVH. Retrieved September 14, 2024.
- Miller, Blair (September 27, 2023). "Judge grants restraining order blocking abortion licensure requirement from taking effect". Daily Montanan. Retrieved September 14, 2024.
- Ragar, Shaylee (February 29, 2024). "Montana judge declares 3 laws restricting abortion unconstitutional". NPR. Retrieved September 14, 2024.
- Girten, Nicole (November 27, 2023). "Abortion advocates submit ballot issue affirming right to terminate pregnancy in Montana". Daily Montanan. Retrieved September 14, 2024.
- ^ Miller, Blair (January 18, 2024). "Attorney general says proposed Montana abortion ballot issue not legally sufficient". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (March 19, 2024). "Montana Supreme Court says abortion ballot proposal can move forward". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (March 26, 2024). "Knudsen rewrites abortion initiative ballot statement; proponents ask Supreme Court to reject it". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (April 1, 2024). "Supreme Court writes ballot statement for proposed abortion constitutional amendment". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (April 2, 2024). "In wake of court decisions, Montana Senate GOP forms select committee on 'judicial reform'". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (April 2, 2024). "Ellsworth subpoenas abortion initiative from Secretary of State after court says it can skip review". Daily Montanan. Retrieved September 14, 2024.
- ^ Miller, Blair (April 18, 2024). "Republican legislators hold hearing on abortion ballot initiative; vote won't appear on petition". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (April 5, 2024). "Jacobsen sends group ballot petition to start collecting signatures for abortion initiative". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (April 4, 2024). "Supreme Court orders Jacobsen to send abortion ballot petition to group". Daily Montanan. Retrieved September 14, 2024.
- ^ Miller, Blair (April 17, 2024). "Group kicks off signature gathering efforts for Montana abortion access ballot petition". Daily Montanan. Retrieved September 14, 2024.
- Edelman, Adam; Pipia, Lindsey (June 21, 2024). "Montana organizers collect enough signatures to advance abortion rights ballot measure". NBC News. Retrieved September 14, 2024.
- Miller, Blair (June 21, 2024). "Montanans Securing Reproductive Rights turns in "record" 117K signatures for abortion petition". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (July 9, 2024). "Montana abortion petition group alleges Secretary of State wrongfully tossing signatures". Daily Montanan. Retrieved September 14, 2024.
- Ehrlick, Darrell (July 10, 2024). "Montana reproductive rights group sues Secretary of State". Daily Montanan. Retrieved September 14, 2024.
- Szpaller, Keila (July 17, 2024). "Montana judge tells Secretary of State not to change rules midstream for counting signatures". Daily Montanan. Retrieved September 14, 2024.
- Szpaller, Keila (July 24, 2024). "Montana Supreme Court denies Secretary of State request it take over initiative case". Daily Montanan. Retrieved September 14, 2024.
- Miller, Blair (July 24, 2024). "Two Montana ballot initiative groups say they've met signature requirements". Daily Montanan. Retrieved September 14, 2024.
- ^ Silvers, Mara (May 30, 2024). "How Montana's abortion rights campaign is seeking signatures — while dodging the opposition". Montana Free Press. Retrieved September 14, 2024.
- Mulvihill, Geoff (October 4, 2024). "Abortion-rights groups are outraising opponents 8-to-1 on November ballot measures". Associated Press. Retrieved October 8, 2024.
- ^ Silvers, Mara (October 30, 2024). "CI-128: How to make sense of Montana's abortion rights amendment". Bozeman Daily Chronicle. Retrieved November 4, 2024.
- ^ Silvers, Mara (October 25, 2024). "From the pulpit, abortion initiative opponents urge congregations to vote against CI-128". Montana Free Press. Retrieved November 4, 2024.
- ^ Ehrlick, Darrell (September 6, 2024). "Tester, Planned Parenthood leader rally in Bozeman for reproductive freedom". Daily Montanan. Retrieved September 14, 2024.
- Tapia, Sonny (September 26, 2024). ""Freeda Womb" stops in Helena, speakers encourage awareness of reproductive rights". The Independent Record. Retrieved October 10, 2024.
- "Montana abortion ballot initiative CI-128 receives $5M boost". NonStop Local. October 5, 2024. Retrieved October 8, 2024.
- ^ Inman, Taylor (October 8, 2024). "Abortion access supporters and opponents hold rallies over proposed ballot initiative". Daily Inter Lake. Retrieved October 8, 2024.
- Busch, Laurenz (September 22, 2024). "Q&A: Monica Tranel talks housing, reproductive rights and keeping Montana purple". Bozeman Daily Chronicle. Retrieved October 10, 2024.
- Miller, Blair (September 6, 2024). "Chamber of Commerce endorses in Supreme Court races; ACLU launches 'educational' campaign". Daily Montanan. Retrieved September 14, 2024.
- "FFRF Action Fund grants support for 11 pro-abortion state referenda". ffrfaction.org. September 24, 2024. Retrieved October 13, 2024.
- ^ Szpaller, Keila (June 18, 2024). "Montanans for Choice launches new 'reproductive freedom' campaign". Daily Montanan. Retrieved September 14, 2024.
- Graf, Carly (June 17, 2024). "Abortion is on the ballot in Montana, supporters and opponents agree". The Independent Record. Retrieved September 14, 2024.
- Miller, Blair (October 14, 2024). "Zinke and Tranel participate in western district debate as ballots reach mailboxes". Daily Montanan. Retrieved October 15, 2024.
- Ehrlick, Darrell (August 2, 2024). "Gianforte revives debunked abortion claim for ballot initiative". Daily Montanan. Retrieved September 14, 2024.
- Koopman, Roger (September 20, 2024). "Roger Koopman: CI-128's message — my body has rights, their life does not". Bozeman Daily Chronicle. Retrieved October 10, 2024.
- ^ Michels, Holly (April 18, 2024). "GOP legislators vote against abortion initiative, Dems don't participate in meeting". The Independent Record. Retrieved September 14, 2024.
- Silvers, Mara (April 18, 2024). "Republicans vote to oppose constitutional abortion rights measure". Montana Free Press. Retrieved September 14, 2024.
- ^ Niemeyer, Kristi (October 10, 2024). "Legislative Forum Part II: Candidates on abortion rights, housing & education". Lake County Leader. Retrieved October 10, 2024.
- ^ Goral, Grant (May 8, 2024). "Montana Catholic Bishops Oppose Abortion Ballot Initiative". National Catholic Register. Retrieved September 14, 2024.
- Szpaller, Keila (August 22, 2024). "Sheehy criticizes ballot measures, including initiative to protect abortion". Daily Montanan. Retrieved September 14, 2024.
- MSU Billings
- "2024 Statewide General Election Canvass". Secretary of State of Montana. 2024-12-11. Retrieved 2024-12-11.
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