HELENA – Five amicus briefs were filed in support of Montana Attorney General Austin Knudsen’s petition asking the Supreme Court of the United States (SCOTUS) to reverse a flawed Montana Supreme Court decision that puts the health and safety of children seeking an abortion at further risk by denying parents the right to consent to an abortion for their minor children.

The supporting briefs were filed by a coalition of 18 states, another coalition of 43 organizations, Americans United for Life, Heartbeat International, and Montana Governor Greg Gianforte. Most of the supporting briefs highlight the importance of protecting the health and well-being of minors by ensuring that parents give consent when their minor child seeks an abortion. They also emphasize the importance of respecting the common-law tradition of parental rights in the United States. Finally, they argue that the Montana Supreme Court erred when by prioritizing a minor’s state privacy rights over parents’ federal fundamental rights, and this sort of judicial activism erodes confidence in the judicial system.

Attorney General Knudsen filed the petition in January with SCOTUS asking the court to hear Montana v. Planned Parenthood of Montana. Parents have a federal fundamental right to direct the care and custody of their minor children, and that right outweigh a minor child’s state right to privacy.

“It’s great to receive this amicus support from states and organizations across the country. I hope the U.S. Supreme Court takes up this case and reverses the state Supreme Court’s bad decision,” Attorney General Knudsen said.

Montanans have long attempted to safeguard and have overwhelmingly supported parents’ right to know about and participate in their child’s decision to seek an abortion. In 2013, the legislature passed – and former Governor Steve Bullock allowed to go into effect – House Bill 391, which requires parental consent for a minor to undergo an abortion. Planned Parenthood sued, and the case was dormant for nearly ten years until Attorney General Knudsen resurrected the case to protect parental rights and the health and safety of children seeking an abortion.

Yet Montana courts erred by holding that a minor child’s right to privacy – specifically, their right to get an abortion – is more important than a parent’s federal fundamental right to direct the care and custody of their child. SCOTUS’s review is necessary to clarify the scope of parents’ fundamental rights concerning their children’s medical care.

Click here to read the brief filed by Florida, Alabama, Arizona, Arkansas, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, and Texas.

Click here to read the brief filed by Advancing American Freedom, Susan B. Anthony Pro-Life America, Charlotte Lozier Institute, Montana Family Foundation, American Association of Senior Citizens, American Encore, American Values, and 36 other organizations.

Click here to read the brief filed by Americans United for Life.

Click here to read the brief filed by Heartbeat International, Inc.

Click here to read the brief filed by Montana Governor Greg Gianforte.