The decision to override the state legislature shows the growing hostility that an activist judiciary has towards even the most modest abortion restrictions.
On June 9, the Montana Supreme Court issued a 6–1 decision overturning three pro-life laws passed in 2021 by the Republican-led state legislature. The laws included a ban on abortions after 20 weeks of pregnancy, a requirement that providers must offer women a chance to view an ultrasound or hear the fetal heartbeat, and a mandate for in-person appointments before abortion pills can be dispensed.
The measures, previously blocked amid ongoing legal challenges, were part of a broader legislative effort to align abortion policy with medical advances and rising public support for increased protections for preborn children.
Montana Republican Gov. Greg Gianforte sharply condemned the ruling, calling the justices “activists” and accusing them of clinging to outdated legal precedents.
“These activist justices rejected modern medicine and are instead clinging to medical care available more than 50 years ago. Ultimately, they have failed the lives, health, and welfare of mothers and their babies, and they should be ashamed,” Gianforte stated.
“As a pro-life governor, I believe all life is precious and must be protected. I will continue to defend the lives of those who cannot speak for themselves. I’ll also pray for changed hearts as we work to bring about a culture of life for every Montanan, born and unborn,” he continued.
Pro-life advocates echoed Gianforte’s concerns, criticizing the court’s decision, arguing that the overturned laws were modest and commonsense reforms rooted in scientific understanding and maternal care. For example, the 20-week restriction is based on evidence suggesting that unborn children can feel pain at that stage of development, while the ultrasound requirement ensured that women have access to crucial information before making a life-altering decisions.
The court based ruling centered on the state constitution’s right to privacy; a provision the court has previously interpreted to include abortion access. In reaffirming a 1999 precedent, the court maintained that Montanans have a protected right to abortion prior to fetal “viability.” The justices said that although voters approved a new abortion-rights ballot initiative in November 2024, that amendment had not yet taken effect and did not factor into their legal analysis.
The amendment, which passed with nearly 58 percent support, will formally take effect later this summer and further solidify abortion access in the state. Pro-life leaders have already filed a legal challenge seeking to invalidate the amendment, arguing that the public was misled due to the omission of key legal language from the official ballot materials, thereby preventing voters from fully understanding the scope of what they were approving.
Supporters of the pro-life laws argue that the court’s decision sends a troubling message that even the most limited and reasonable abortion regulations are off-limits under Montana’s judicial interpretation of privacy. They warn that the ruling will embolden abortion providers to expand late-term abortion procedures and weaken medical oversight in the state.
The broader legal and political battle over abortion in Montana has intensified since the U.S. Supreme Court overturned Roe v. Wade in 2022, returning authority over abortion laws to the states. While many Republican-led states have moved to restrict the procedure, Montana’s high court has doubled down on its existing constitutional protections, creating a divide between lawmakers and the judiciary.
Pro-life leaders insist that the laws struck down were not bans but safeguards. They emphasize that offering women the opportunity to view an ultrasound or receive care in person reflects a fundamental level of dignity and responsibility in medical practice. By invalidating those rules, critics say, the court has prioritized ideological interpretations over the health, safety, and informed decision-making of Montana women.
Despite the ruling, the pro-life movement in Montana remains active and determined. Leaders have announced plans to continue legal efforts against the 2024 ballot initiative, pursue new legislation grounded in medical science, and expand support for pregnancy resource centers across the state.
Pro-life advocates say they will not retreat from the cause, pointing to a growing national awareness of fetal development and advances in medical technology that continue to shift public opinion. They argue that the movement is not only about laws but about restoring a sense of human dignity and compassion in a culture that too often treats life as disposable.
The Montana Supreme Court’s decision should be a spiritual and moral wake-up call. For Christians, this moment demands renewed conviction, prayer, and action in defense of the preborn.
Scripture teaches that every life is sacred. Psalm 139:13-16 affirms that God knits each person together in the womb, and Jeremiah 1:5 reveals that He knows each of us before we are born. When society legalizes the destruction of that life, it stands in direct opposition to God’s design.
While courts may rule and culture may shift, God’s truth does not. Gov. Gianforte rightly stated that “all life is precious and must be protected.” As believers, we must live out that message with both courage and compassion.
Defending life is not only a political issue but also a spiritual one. Jesus came so that we may have life and have it abundantly (John 10:10), and we are called to be His ambassadors in a culture that increasingly treats life as disposable.
Believers can continue to advocate for a pro-life culture by supporting pregnancy resource centers, walking alongside women in crisis, and fostering a culture where both mother and child are valued. We must be willing to speak truth with compassion and intercede without wavering for a society that has lost its way.
These legal rulings may be a setback in the courts, but it is not the end of the story. The pro-life movement, grounded in Christ’s love and empowered by the Holy Spirit, must continue to shine light in the darkness. As we advocate for the voiceless, may we also reflect the heart of our Savior and His unshakable hope.
If you like this article and other content that helps you apply a biblical worldview to today’s politics and culture, consider making a donation here.
