from today’s point of view Planned Parenthood v. Statewritten by Judge Laurie MacKinnon:
The Consent Act provides for the right of minors to obtain abortions with parental consent, unless judicially exempted. It imposes no corresponding restrictions on minors seeking other medical or surgical care related to pregnancy or a child. We determined today that the classification enacted by the Legislature violates the fundamental right of minors to control their own bodies and destiny, guaranteed by Article II, Section 10 of the Montana Constitution, without the State providing adequate justification. Therefore, the Consent Act fails to address plaintiffs’ privacy and equal protection challenges.
Because a minor’s right to control his or her reproductive decisions is one of the most fundamental rights he or she has, and because the State has failed to demonstrate a real and significant relationship between the statutory classification and the purported purpose, we hold that the Consent Act ” violates the provisions of the Consent Act.
The Montana Constitution expressly states,
Privacy. The right to individual privacy is fundamental to the well-being of a free society and must not be violated without a demonstration of a compelling national interest….
Individual rights of non-adults. The rights of persons under 18 years of age shall include, without limitation, all fundamental rights set out in this Article, unless expressly excluded by law enhancing the protection of such persons.
The opinion is long and detailed; if you’re interested in the reasoning, read here .
