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Montanans Launch Push to Get Abortion Rights on November Ballot
"With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
Apr 17, 2024
As abortion continues to dominate this year's state and federal political contests, Montanans Securing Reproductive Rights on Tuesday launched a signature collection drive to get a citizen-initiated state constitutional amendment on the November ballot.
Since the right-wing U.S. Supreme Court reversedRoe v. Wade with Dobbs v. Jackson Women's Health Organization nearly two years ago, Republican state lawmakers have ramped up efforts to further restrict abortion care—and voters, including residents of red states, have responded by protecting reproductive freedom when weighing in on related ballot measures.
With little hope that the divided Congress will restore nationwide abortion rights, ballot initiatives for the 2024 cycle are ongoing in various states, from Arizona and Florida to Montana, where "a yes vote on Ballot Issue #14 will keep the government out of our personal lives," as the Montanans Securing Reproductive Rights website states.
"This is an exciting opportunity to secure our rights for generations to come. Now is the time to ensure power remains in the hands of the people of Montana, so everyone has the freedom to prevent, continue, or end a pregnancy should they choose," the site adds. "Politicians have no business controlling our bodies and our futures."
After a legal battle with Republican state Attorney General Austin Knudsen, the ballot language is:
CI-128 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 healthcare professional determines it is medically indicated to protect the pregnant patient's life or health. CI-128 prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.
Montana currently allows abortion care up until fetal viability. In response to a legal challenge from Planned Parenthood of Montana (PPMT), a trial judge in February struck down three laws passed by the Republican-controlled state Legislature in 2021: a 20-week ban, restrictions on medication abortions, and a rule that providers must offer patients an ultrasound.
"We are relieved that Montanans will no longer live with the threat of these harmful restrictions taking effect. But make no mistake, our fight continues," PPMT president and CEO Martha Fuller said at the time. "For years anti-abortion politicians at all levels of government have made banning abortion their number one priority, despite the current protection held in our state constitution."
"During the 2023 Montana legislative session, an onslaught of anti-abortion bills was introduced, passed, and signed into law, and PPMT is working hard to beat back these attacks and more," Fuller continued. "We will never stop working to ensure that all Montanans and those who are forced to travel here for care can access the care they need."
In addition to Planned Parenthood, Montanans Securing Reproductive Rights is a campaign by the ACLU of Montana, the Fairness Project, and Forward Montana. The coalition now needs to collect 60,000 signatures by June 21.
"Anti-abortion extremists have tried to interfere in Montanans' personal healthcare choices again and again. That's totally unacceptable—Montanans deserve to make their own decisions about reproductive care, not have politicians decide for them," the Fairness Project executive director Kelly Hall said Tuesday.
"The Fairness Project is proud and excited to be supporting Montanans Securing Reproductive Rights in their campaign to pass CI-128, especially at a time when abortion rights are under attack," Hall added. "With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
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US Government Sued Over 'Unethical Destruction' of Wolf Population
"The Fish and Wildlife Service is thumbing its nose at the Endangered Species Act and letting wolf-hating states sabotage decades of recovery efforts," said one conservation leader.
Apr 08, 2024
A pair of conservation coalitions on Monday made good on their threats to sue the U.S. government over its denial of federal protections for gray wolves in the northern Rocky Mountains, where state killing regimes "put wolves at obvious risk of extinction in the foreseeable future."
The organizations filed notices of their plans for the lawsuits in early February, after the U.S. Fish and Wildlife Service (FWS) determined that Endangered Species Act protections for the region's wolves were "not warranted." The Interior Department agency could have prevented the suits in the U.S. District Court for the District of Montana by reversing its decision within 60 days but refused to do so.
"The Biden administration and its Fish and Wildlife Service are complicit in the horrific war on wolves being waged by the states of Idaho, Wyoming, and Montana," declared George Nickas, executive director of Wilderness Watch, one of 10 organizations represented by the Western Environmental Law Center (WELC).
"Idaho is fighting to open airstrips all over the backcountry, including in designated wilderness, to get more hunters to wipe out wolves in their most remote hideouts," Nickas noted. "Montana is resorting to night hunting and shooting over bait and Wyoming has simply declared an open season."
"These states are destroying wolf families in the northern Rockies and cruelly driving them to functional extinction via bounties, wanton shooting, trapping, snaring, even running over them with snowmobiles."
Brooks Fahy, executive director of Predator Defense, another WELC group, pointed out that "these states are destroying wolf families in the northern Rockies and cruelly driving them to functional extinction via bounties, wanton shooting, trapping, snaring, even running over them with snowmobiles. They have clearly demonstrated they are incapable of managing wolves, only of killing them."
KC York, founder and president of Trap Free Montana, also represented by WELC, said that "Montana, Idaho, and Wyoming know that they were let off the hook in their brutal and unethical destruction of wolves even acknowledged as such by the service."
"They set the stage for other states to follow," York warned. "We are already witnessing the disturbing onset of giving the fox the key to the hen house and abandoning the farm. The maltreatment is now destined to worsen for these wolves and other indiscriminate species, through overt, deceptive, well-orchestrated, secretive, and legal actions."
The other organizations in the WELC coalition are Alliance for the Wild Rockies, Friends of the Clearwater, International Wildlife Coexistence Network, Nimiipuu Protecting Our Environment, Protect the Wolves, Western Watersheds Project, and WildEarth Guardians.
The second lawsuit is spearheaded by the Center for Biological Diversity, Humane Society of the United States, Humane Society Legislative Fund, and Sierra Club, whose leaders took aim at the same three states for their wolf-killing schemes.
"The states of Montana, Idaho, and Wyoming act like it's 1880 with the most radical and unethical methods to kill as many wolves as possible in an effort to manage for bare minimum numbers," said Sierra Club northern Rockies field organizer Nick Gevock. "This kind of management is disgraceful, it's unnecessary, and it sets back wolf conservation decades, and the American people are not going to stand by and allow it to happen."
"Rather than allow states to cater to trophy hunters, trappers, and ranchers, the agency must ensure the preservation of wolves."
Margie Robinson, staff attorney for wildlife at the Humane Society of the United States, stressed that "under the Endangered Species Act, the U.S. Fish and Wildlife Service cannot ignore crucial scientific findings. Rather than allow states to cater to trophy hunters, trappers, and ranchers, the agency must ensure the preservation of wolves—who are vital to ensuring healthy ecosystems—for generations to come."
The Center for Biological Diversity's carnivore conservation program director, Collette Adkins, was optimistic about her coalition's chances based on previous legal battles, saying that "we're back in court to save the wolves and we'll win again."
"The Fish and Wildlife Service is thumbing its nose at the Endangered Species Act and letting wolf-hating states sabotage decades of recovery efforts," Adkins added. "It's heartbreaking and it has to stop."
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Montana Supreme Court Strikes Down 4 'Unconstitutional' Voting Laws Passed by GOP
The laws disproportionately impacted the ability of Native people to participate in voting, the court noted.
Mar 28, 2024
Native rights groups were among those applauding a decision by the Montana Supreme Court late Wednesday as four voting restrictions, passed by the Republican-controlled state legislature in the wake of former President Donald Trump's 2020 election loss, were struck down as "unconstitutional."
The sweeping 2021 laws had ended same-day voter registration, eliminated the use of student ID cards as a form of identification for voters, banned the distribution of absentee ballots to teenagers who would turn 18 by Election Day, and prohibited third parties from collecting ballots and returning them on behalf of voters.
Indigenous rights groups and tribes including Native Voice, Montana Native Vote, the Blackfeet Nation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, and the Northern Cheyenne Tribe filed a lawsuit in 2021 to challenge H.B. 176 and H.B. 530, the two laws pertaining to same-day registration and ballot collection.
Chief Justice Mike McGrath noted that Native people were disproportionately affected by the two laws, writing that it is "much more difficult on average for people living on reservations to either get to a polling place on or before Election Day, or to mail an absentee ballot prior to election day."
The summary of the majority opinion said the laws "violate the fundamental right to vote provided to all citizens by the Montana Constitution."
The court upheld a district court ruling from 2022.
"Today's Montana Supreme Court decision is a great victory for our clients and all Native Americans in Montana, who have asked for nothing more than the ability to exercise their fundamental right to vote," said Jonathan Topaz, staff attorney at the ACLU's Voting Rights Project. "Once again, courts have struck down the Montana Legislature's attempts to unconstitutionally burden the constitutional rights of Native Americans across the state. We will continue to fight for Native American voters in Montana and across the country to preserve their fundamental, constitutional right to vote."
Jacqueline De León, staff attorney for the Native American Rights Fund, called the 4-3 ruling "a resounding win for tribes in Montana."
"Despite repeated attacks on their voting rights, tribes and Native voters in Montana stood strong, and today the Montana Supreme Court affirmed that the state's legislative actions were unconstitutional," said De León. "Native voices deserve to be heard and this decision helps ensure that happens."
Josh Douglas, a law professor at University of Kentucky, wrote at Election Law Blog that the state Supreme Court "put real teeth into [the] state constitutional protection for voters," recognizing that the Montana Constitution goes further than federal law in protecting voting rights.
As the state constitution reads, "All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage."
"The court refused to follow federal precedent, noting that '[t]his court can diverge from the minimal protections offered by the United States Constitution when the Montana Constitution clearly affords greater protection—or even where the provision is nearly identical,'" wrote Douglas. "State courts have various tools within state constitutions to robustly protect voters. The Montana Supreme Court's decision offers a solid roadmap for how to use state constitutional language on the right to vote. Other state supreme courts should follow the Montana Supreme Court's lead."
The ruling comes as Sen. Jon Tester (D-Mont.) faces a competitive race for reelection.
Ronnie Jo Horse, executive director of Western Native Voice, said the ruling "reinforces the principle of equitable access to voting services and the protection of the rights for all voters."
"We are very pleased with today's landmark ruling," said Horse. "It stands as a testament to justice prevailing in defense of the rights of Montanans, especially those of Native American communities."
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