HELENA, Mont. - The Montana State Legislature's Law and Justice Interim Committee held a meeting Thursday, April 18, to discuss a proposed constitutional initiative.
According to state republicans, typically, all citizen ballot initiatives, once approved, go to a state legislative interim committee to review, however that isn't the case with Constitutional Initiative 14 (or CI-128).
The Montana Supreme Court ruled that review of CI-128 by the Legislature was not required under the law.
"Under the Title 13 statute, technically based on what the supreme court said, there is no obligation to have this meeting," Julianne Burkhardt, attorney with the legal services office with the Montana Legislature.
Burkhardt did go on to say that while the technicality is there, under Title 5, the legislature has broad investigative powers to look into things like initiatives.
State democrats say this ruling followed multiple attempts by Republican officials to delay the initiative from gathering the signatures necessary to appear on the General Election ballot.
Democratic members of the LJIC meeting were not in attendance and did not vote in the meeting.
Today, Senate Minority Leader Pat Flowers (Belgrade) and House Minority Leader Kim Abbott (Helena) released the following statement responding to the committee hearing on Constitutional Initiative No. 128 (CI-128), which, if passed, they say would protect Montanans’ reproductive freedoms: “Democrats will not participate in yet another sham committee hearing manufactured by Republicans. Reproductive freedom, including the right to access abortion care, is broadly popular among Montanans, and this initiative would explicitly protect those rights in the Montana Constitution. We will not participate in Republicans’ attempts to keep this initiative away from the voters.”
The reason this initiative has become a hot button issue, is because republicans say the Montana supreme court is treating this initiative differently and they are working to treat it the same as any other initiative.
In an email statement, Senate President, Jason Ellsworth (Hamilton) said, "It’s no wonder the Montana Supreme Court took extreme lengths to try to avoid having a public hearing on this controversial initiative. The Montana public came out strongly against the initiative when given the opportunity to make their voices heard. To put it plainly, the Court sided with special interests groups who’ve spent six figures to put many of them on the bench and sided against transparency and public participation in this process. The justices should be embarrassed by their naked political partisanship that is undermining the Court’s reputation and the very concept of equal treatment under the law."
There was about an hour of public comment in the meeting, with 28 of 29 participants voicing their opinions against the initiative.
"This amendment will harm women, protect pedophiles, rapists, and traffickers, as well as allow abortion at all stages of pregnancy up until the day of birth. the bill will turn Montana into a destination state for abortions. Abortion facilities will set up shop in border towns around our state," said Montana citizen, Shaun Pandina.
The only proponent for the initiative expressed disappointment that no Democrats were present for the committee meeting, but she did voice her opinion on the initiative as well.
"I am pro women's right to choose. I had an abortion when I was a very young woman. It was the right decision that I made. I don't think religion should be part of this decision," said Montana citizen, May Simmons.
Overall, they voted against CI-128.
"The result of this committee's vote, how and when will that be attached to the initiative?" asked Senator. Keith Regier.
"Madam chair, Senator Regier, it won't be," said Burkhardt.
Now, how this is going to impact you, the voter, is you won't see their vote and opinion on the petition when people are out collecting signatures to get this on the ballot.
According to the Secretary of States Website, CI-128 is defined as:
A constitutional initiative that would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.
It would prohibit the government from denying or burdening the right to abortion before fetal viability.
It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health.
The initiative would prevent the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.
