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Montana Voters Pass Constitutional Right to Abortion
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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 yes to the measure, while 43 percent voted no.

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

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Previous report

BOZEMAN — If you voted this year, you’ve probably been faced with the decision of whether to vote yes or no on CI-128. You probably knew that 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 tend to use on a daily basis when we talk to each other,” says Eric Austin, chair of the political science department at Montana State University.

If, like many Montanans, you are confused by the language of Constitutional Initiative 128, don’t worry. You are not alone. This is why I met Eric Austin, to better understand the CI 128.

“I think CI-128 has three parts, the first of which concerns maintaining the right of individuals to make choices regarding their access to health care,” he says.

But Austin tells me it’s the other two components that can be confusing. The second part? Ensure that doctors are able to determine, firstly, the viability of the fetus; and second, what is the threat, if any, to the mother’s health.

“And then the third element is about prohibiting any sort of penalties for providing these services.”

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

“This right is enshrined in the Constitution, which sets the bar quite high. It is not simply a law passed by the legislature. It enshrines that right in the constitution,” Austin says.

And vote, right?

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

Abortion is currently legal in Montana, so why was this initiative brought up for a vote? Austin tells me what the supporters of 128 are saying:

“It is a fundamental right for women to be able to make these choices about their own health care. So it’s better to enshrine it in the Constitution rather than leave it to the legislature,” Austin says.

And the opponents of 128?

“Putting it in the Constitution is kind of a step too far. »

So what happens if the CI-128 fails?

“This does not necessarily mean that abortion will become illegal. This then increases the likelihood or possibility that the legislature will take hold and enact laws that are significantly more restrictive than what we currently have in place.

But if CI-128 is adopted, it will become part of the State Constitution and therefore escape legislative power.