Bills Waiting in the Wings Threaten Women's Right to Choose
Senator Duane Grimes (R-Clancy) has drafted a constitutional amendment gutting the Montana Constitution's guarantee of a "right to individual privacy" by stipulating that it doesn't apply to a woman's choice regarding abortion. Grimes hasn't settled on the wording of his amendment; however, he has told the media, "There's going to be some action taken this session [on abortion]."
The Legislative Council's title for the amendment says, "Provide that Article II, Section 10 (privacy) does not apply to abortion." The cited parts of the Montana Constitution say the "right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest." The Montana Supreme Court has repeatedly ruled that the state lacks a compelling interest to restrict a woman's right to choose. Sen. Grimes disagrees with the court.
"We've [the legislature] passed a number of universally accepted measures on [restricting] abortion," he told the Great Falls Tribune, "but they all have shipwrecked on the misconstruing of this privacy clause." He has also claimed the amendment is necessary, because "liberal" courts have made it difficult for anti-choice legislators to limit abortion practices in the state.
This isn't the first time Grimes has voiced his displeasure with Montana's courts. In February 2000, he was one of the featured speakers at a rally sponsored by the Montana Christian Coalition against the Montana Supreme Court. He complained that the court was overstepping its constitutional powers by striking down laws passed by the Montana Legislature.
Ultimately, Grimes' constitutional amendment would need the approval of 100 lawmakers in the 150-member Legislature. It would then be placed on the general-election ballot next fall. If the public vote passed the amendment by a simple majority, it would go into effect without needing Gov. Judy Martz's signature.
Grimes' anti-choice crusade this legislative session doesn't end with the amendment. He also has proposed legislation that would require parental notification before a minor could terminate a pregnancy and revise partial birth abortion law.