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FOX FIRST: Montana Attorney General Austin Knudsen says the state’s Supreme Court will strike down a 2013 law requiring minors seeking abortions to obtain notarized written consent from a parent or guardian. The Supreme Court is requesting that the U.S. Supreme Court hear an appeal against the ruling.
The law also includes a judicial avoidance clause that allows minors to seek court approval for abortions without parental consent.
In 2024, the Montana Supreme Court struck down a parental consent law for abortion, ruling that it violated minors’ fundamental right to privacy under the state constitution by making access to abortion conditional on parental consent. was lowered.
The court recognized that parents have the right to direct the care and custody of their children, but ruled that this right does not override a minor child’s “fundamental” right to seek an abortion. .
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Montana Attorney General Austin Knudsen (Fox News)
Justice Laurie McKinnon, writing for the Montana Supreme Court, said that “minors’ right to control their reproductive decisions is one of the most fundamental rights they have,” and that the state has Reuters reported at the time that it had failed to prove a compelling need for laws to protect adults.
Knudsen’s appeal asks the U.S. Supreme Court to ask whether parents’ rights include the right to participate in medical decisions about their minor children, including abortion.
The case highlights the ongoing debate over child custody following the Dobbs v. Jackson Women’s Health Organization decision.
The U.S. Supreme Court will convene in Washington on April 25, 2024. (AP Photo/Mariam Zuhaib)
“SCOTUS should hear this case and overturn the radical Montana Supreme Court’s bad decision that allowed minors to obtain abortions without parental consent,” Knudsen told Fox News Digital. said.
“A child’s right to privacy does not override a parent’s fundamental right to direct the care and upbringing of their child. You will be at risk.”
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Planned Parenthood Manhattan (Getty Images)
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This result will affect abortion access and parental protection nationwide, as several states have recently passed “protection laws” that protect health care providers from the legal consequences of performing gender reassignment surgeries and abortions on minors. This could have far-reaching implications for consent laws.
For Knudsen’s case to be heard in court, at least four judges would need to agree to reconsider it.
Fox News Digital has reached out to the Montana Planned Parenthood System for comment.
Jamie Joseph is a political writer. She leads Fox News Digital’s Senate coverage.
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