Big Sky Times

Five amicus briefs have been submitted in support of Montana Attorney General Austin Knudsen's request for the Supreme Court of the United States (SCOTUS) to review and reverse a Montana Supreme Court decision. This decision, according to Knudsen, endangers the health and safety of minors seeking an abortion by not requiring parental consent.

The briefs backing Knudsen's petition come from a coalition of 18 states, another group of 43 organizations, Americans United for Life, Heartbeat International, and Montana Governor Greg Gianforte. The supporters stress the need to protect minors' health by ensuring parental consent is vital. They emphasize the traditional importance of parental rights in the United States and criticize the Montana Supreme Court for prioritizing a minor's state privacy rights over federally recognized parental rights.

Attorney General Knudsen initiated the petition to SCOTUS in January, pressing the court to consider Montana v. Planned Parenthood of Montana. He argues that parents have a fundamental federal right to direct the care and custody of their children, which should supersede a minor's state privacy rights.

Attorney General Knudsen expressed gratitude for the support, saying, “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.”

In 2013, Montana passed House Bill 391, requiring parental consent for minors seeking an abortion, which was allowed to proceed by former Governor Steve Bullock. The issue remained unresolved for nearly a decade until Knudsen revived it to defend parental rights and the well-being of minors seeking abortions.

Montana courts had previously ruled that a minor's privacy right to have an abortion outweighs a parent's federal right to oversee their child's care. Knudsen argues that SCOTUS review is crucial to determine the boundaries of parental rights in matters of children's medical decisions.