Montana voters pass constitutional right to abortion

Montana voters appear to have approved a constitutional initiative to protect abortion rights.

With 90 percent of votes counted, CI-128 passed, with 57 percent of voters voting in favor of the measure while 43 percent voted no.

The measure enshrines the right to abortion in the Montana Constitution.

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BOZEMAN – If you voted this year, you probably faced the decision of voting yes or no on CI-128. You probably knew it was about abortion, but do you know the deeper meaning of this initiative? Let's take a closer look.

“This language is often not what we use in everyday life when we talk to each other,” says Eric Austin, department head of political science at Montana State University.

If, like many Montanans, you are confused by the language of Constitutional Initiative 128, don't worry. You're not alone. That's why I met with Eric Austin to get a clearer understanding of CI 128.

“I think CI-128 has three components, the first of which has to do with protecting the right of individuals to make decisions about their access to health care,” he says.

But Austin tells me it's the other two components that can be a bit confusing. The second component? Ensuring that physicians can, first, determine fetal viability; and secondly, what risk, if any, to the mother's health exists.

“And the third component is to prohibit any kind of penalties for providing these services.”

So what does it mean to vote “yes” on CI-128?

“It enshrines that right in the Constitution, which is a pretty high bar. It is not just a law passed by the legislature. It enshrines that right in the Constitution,” Austin said.

And voted no?

“Just means it’s not part of the Constitution.”

Abortion is currently legal in Montana. Why was this initiative placed on the ballot? Austin tells me what proponents of 128 say:

“It is a fundamental right for women to be able to make these decisions about their own health care. “That’s why it’s best to enshrine it in the Constitution rather than leave it up to the legislature,” Austin said.

And opponents of 128?

“Enshrining it in the constitution is somehow a step too far.”

So what happens if CI-128 fails?

“That doesn’t necessarily mean that it makes abortion illegal. It then increases the likelihood or possibility that the legislature will take this up and pass laws that are significantly more restrictive than what we have now.”

But if CI-128 passes, it will become part of the state constitution and therefore beyond the legislature's control.