AG Fox’s Statement Regarding Montana Supreme Court Ruling in Parental Notification and Consent Case
Attorney General Tim Fox released the following statement in response to today’s ruling from the Montana Supreme Court in Planned Parenthood’s lawsuit against the State of Montana.
“I am pleased with the Montana Supreme Court’s decision. More than 70% of Montana voters and a majority of legislators enacted the parental notification and parental consent laws. The will of the people has been made clear. Today’s ruling means we can move forward in vigorously defending the fundamental rights of parents to be involved in the decisions their children face.”
Because the state did not appeal a 1999 District Court decision involving a previous parental notification law, plaintiffs had attempted to argue that the state was barred from defending current laws requiring parental notification and consent before a minor child can undergo an abortion. Today’s ruling means the state will now have the opportunity to defend the will of the voters and the legislature against the challenges to these laws.
The case has been remanded to District Court, where it will now be litigated on its merits.