'Personhood' bill moves to Montana House Floor

Just a little more than 90 days ago, Montana voters soundly approved a state constitutional amendment that enshrined the right to an abortion in state law. A bill championed by Montana House Rep. Lee Deming, R-Laurel, would essentially put the question again to voters in 2026, and many opponents told lawmakers they worried this new “fetal personhood” bill would go further than any other legislation in the country — and nullify Constitutional Initiative 128.

House Bill 316 would require two-thirds of the Legislature’s support in order to place the question before Montana residents. The bill would ask Montanans if they support a “personhood” amendment, which would confer rights to an embryo upon conception, essentially ruling out the use of in vitro fertilization or other methods without risking criminal penalties.

Others who testified at the House Judiciary Committee’s legislation last Wednesday also worried that the broad and vague language could wreak havoc because of unintended consequences, including end-of-life decisions, known as “advance care directives.”

In November 2024, Montana voters approved CI-128 by more than a 58% margin, which enshrines the constitutional right to an abortion and privacy in medical decisions. Abortion had been legal in Montana, supported by a 1999 Montana Supreme Court ruling that found that Montanans’ right to an abortion is tied to the constitutional right to privacy in the Montana Constitution. However, CI-128 now guarantees the right to an abortion as a stand-alone right.



https://dailymontanan.com/2025/02/10/personhood-bill-moves-to-montana-house-floor/