Montana’s highest court just slammed the door on parental rights, ruling that the state cannot require parents to consent before their underage daughters get abortions—leaving many to wonder just how far the erosion of family authority and common sense will go in America’s courts.
At a Glance
- Montana Supreme Court permanently struck down the Parental Consent for Abortion Act, blocking it from ever taking effect.
- State judges ruled the law violated Montana’s constitutional right to privacy and that parental authority does not outweigh a minor’s autonomy in abortion decisions.
- Voters doubled down in November 2024, passing a constitutional amendment enshrining abortion rights and making future restrictions nearly impossible.
- Montana’s parental notification law—far weaker than consent—is still being debated, but parental consent is completely off the table for now.
Montana’s High Court Sides with “Privacy,” Parents Sidelined
The Montana Supreme Court’s recent decision is a case study in how the left’s so-called “privacy” arguments have gutted time-honored parental authority. The Parental Consent for Abortion Act, passed back in 2013, never even got a chance to be enforced. Planned Parenthood lawyers ran to the courts the second the ink was dry, claiming that asking parents for permission before their kids get an abortion somehow violated the state’s “right to privacy.” Lower courts obliged, freezing the law for over a decade. Now, after years of legal wrangling, the state’s highest court has declared the law dead and buried, citing Montana’s constitution as giving minors the right to make abortion decisions entirely apart from their families. The justices insisted there’s no “substantial relationship” between protecting young women and having parents actually, you know, involved in their children’s lives.
Planned Parenthood, not content with simply blocking the law, immediately celebrated the ruling as “protecting minors’ autonomy.” In other words, parents: sit down, shut up, and let the state and activist judges decide what’s best for your kids. The Montana Attorney General’s office mounted a defense, but the court made it clear: in their brave new world, a parent’s right to protect, guide, or even know about life-altering medical decisions is nothing compared to the sacred cow of “privacy.”
Voters Cement Abortion Rights, Dismantle Parental Oversight
As if the court’s decision wasn’t enough, Montana voters poured gasoline on the fire in November 2024, voting yes on a constitutional amendment that enshrines the right to abortion in the state’s founding document. This move makes it almost impossible for future legislatures to pass any meaningful restrictions, no matter how much the people’s representatives—or parents—might demand it. This is the same playbook we’ve seen in other blue-leaning states: if you can’t get what you want through the courts, just rewrite the constitution. Now, even the most basic protections, like requiring a parent to sign off before a minor’s abortion, are off limits. The message to parents is unambiguous: your rights end where the activist agenda begins.
The only faint glimmer of hope for parental involvement comes from the 2011 law that at least requires parents to be notified before an abortion. But let’s be honest: notification is a far cry from actual consent, and even that law is still winding its way through the courts, with no guarantee it will survive. The state’s legal landscape is now a minefield for anyone who believes in the family’s foundational role in raising and protecting children.
Constitutional “Privacy”—The Left’s Weapon Against Parents
This entire saga is a master class in how the left exploits the courts and ballot box to undermine basic family values. The original 2013 Parental Consent for Abortion Act was straightforward: if you’re under 18, your parents must sign off before you get an abortion, unless it’s a medical emergency or a judge grants a waiver. Nothing radical—just the kind of common-sense safeguard that was taken for granted for generations. Yet, from day one, Planned Parenthood and its allies painted this as an outrageous attack on “privacy.” They found willing judges to agree, and then doubled down with a constitutional amendment when it looked like they might lose in court.
Legal scholars now admit that Montana’s Supreme Court has set a statewide precedent: as long as “privacy” is invoked, parental rights don’t stand a chance. The practical result? Healthcare providers are off the hook from any parental oversight, minors can undergo major medical procedures without family input, and parents are left in the dark—by judicial decree. The left cheers this as “progress,” but for anyone who values the family and the Constitution, it’s a warning shot that should not be ignored.
Sources:
Montana Supreme Court opinion (August 14, 2024)
