Radical abortion activists in Montana can begin collecting signatures for a ballot measure that would allow abortions up to birth.
Following two months of legal proceedings and deliberation, the Montana Supreme Court issued a decision on Monday overturning the state attorney general’s January determination that the ballot proposal was “legally insufficient.”
The court’s decision, endorsed by six out of seven justices and handed down by Justice Ingrid Gustafson, concluded that the initiative submitted by Planned Parenthood Advocates of Montana last autumn did not engage in improper “logrolling” by combining distinct subjects.
The state’s high court found that Attorney General Austin Knudsen had overstepped his authority by asserting that the proposal would confuse voters and clash with other constitutional provisions, a judgment that could have impeded the signature collection process.
Now, the abortion activists behind it must finalize ballot statement language with the attorney general’s office, pass that language through a legislative committee review, and collect and submit more than 60,000 verified signatures to county election administrators before June 21.
Leading pro-life groups oppose the pro-abortion measure and the America Center for Law and Justice, the Montana Family Foundation and Susan B. Anthony Pro-Life America filed an amicus brief with the Montana Supreme Court opposing the initiative.
The brief submitted by SBA Pro-Life America in collaboration with the American Center for Law & Justice and the Montana Family Foundation outlines problems of deception including vague “health” language, the lack of a definition of “viability,” and the ability of abortions to be performed by any “health care professional” which by definition could include nurse practitioners, physician assistants, midwives, doulas, psychologists, social workers, and physical therapists. The groups say:
“CI-14 includes at least three separate amendments to constitutional requirements which are not closely related and have not been historically treated as a single subject. Montana voters will not know what they are voting for should this proposal be allowed to move forward. The complete text of the proposed constitutional amendment is riddled with legally deficient and confusing language.”
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Similar to Montana, attorneys general in Florida, South Dakota and Arkansas are fulfilling their duty in guarding the public against deceptive ballot measures. Arkansas Attorney General Tim Griffin required activists to rewrite their initial language because their proposed text was misleading. Ashley Moody challenged Florida’s proposed abortion amendment on grounds similar to Montana’s with the state Supreme Court hearing oral arguments on February 7. Additionally, South Dakota Attorney General Marty Jackley admonished abortion activists for unlawful misconduct in deceiving voters to sign petitions.
SBA Pro-Life America’s State Policy Director Katie Daniel shared her reaction:
“Deceptive language is the common theme amongst abortion ballot measures across the states. Abortion activists know they must cloak their amendments in misleading words because abortion in the 2nd and 3rd trimesters is incredibly unpopular and so is taking away parental rights and eliminating health protections for women. We thank Attorney General Austin Knudsen for standing against abortion activists’ deceptive and unconstitutional tactics. He along with Ashley Moody, Marty Jackley and Tim Griffin are faithfully carrying out their duties as they push for clarity and for laws to be followed in the ballot measure process.”
