Montana Supreme Court reverses judge's order regarding teens and abortion
By MTN News
HELENA -- The Montana Supreme Court has reversed a Helena judge's nearly year-old ruling regarding teens and abortion; clearing the way for the matter to go back to district court.
Last February, District Judge Jeffrey Sherlock ruled the state cannot defend a law requiring girls under 18 to get permission from their parents before getting abortions.
The ruling was a result of a lawsuit filed by Planned Parenthood.
Judge Sherlock said the issue was already decided in a 1999 case and the state cannot re-litigate the same question.
Two years ago, lawmakers passed House Bill 391 requiring minors to get parental permission before getting an abortion. It came on the heals of voters passing a referendum which requires parental notification before a child under 16 can get an abortion.
Planned parenthood had argued those two actions didn't take into account at-risk teens who needed help and care rather than parental involvement that could put them in danger.