Montana Supreme Court says abortion clinic law likely violates Montana Constitution

The Montana Supreme Court has upheld an injunction against a 2023 Montana law that treats clinics that offer abortion access differently than other medical providers — another ruling by the high court that protected the reproductive rights of women to access abortion, even as the state passed a constitutional amendment in 2024 guaranteeing that right.

In a split 5-to-2 decision, the state Supreme Court affirmed that Lewis and Clark District Court Judge Christopher Abbott had made the correct legal decision to issue a permanent injunction against House Bill 937, which treated clinics that performed more than five abortions per year differently than clinics offering treatment for emergency miscarriages.

The new rules, adopted by the 2023 Montana Legislature and signed into law by Gov. Greg Gianforte, added strict requirements that treated the clinics more like full-fledged hospitals, adding layers of new measures, licensing and inspection.

The high court said that the law likely violated Montana’s right to privacy as well as the equal protection clause by treating similar medical providers differently based on why they are performing procedures that were identical or prescribing identical medication.


https://dailymontanan.com/2026/04/01/montana-supreme-court-says-abortion-clinic-law-likely-violates-montana-constitution/