You’ve probably seen the maps. A lone state surrounded by neighbors where abortion is heavily restricted or completely banned. But how safe is abortion access in an “island of care?” Kate Kelly and Jamia Wilson sought to find out on their podcast Ordinary Equality.
Take Montana, for example, which is bordered by Idaho, Wyoming, North Dakota and South Dakota – all states where there are trigger laws in place. This has made Montana a surprising island of abortion access in the West, with just six abortion clinics serving the entire state: four Planned Parenthoods and two private clinics.
But what really makes Montana different from its neighbors? It’s not that it’s a secretly super progressive state in a typically red region of the country.
“Actually, its protection of abortion comes from what some would say is — or at least used to be — a core Republican value: privacy, the ability to make one’s own decisions,” co-host Kate Kelly said.
The protection of abortion access we see in Montana comes from a 1999 court decision – Armstrong v. State. This case ultimately ruled that the right to obtain the healthcare of one’s choosing falls under the broader umbrella of a right to privacy in making healthcare decisions. But, as we’ve seen, precedents don’t always last forever. Just because Montanans have valued the right to privacy in the past doesn’t mean that will hold up in the future. Anti-choice conservatives are already mobilizing in the state.
Recently, the Montana legislature passed four bills limiting abortion access. These four bills, which were signed into law by the governor, restrict telehealth, shorten the availability for legal abortion to 20 weeks, and require unnecessary steps such as ultrasounds and in-person visits.
Laws like this not only impact access to abortion care but also other gynecological care. Clinics like All Families Health now have to try to prioritize the types of care they can provide, especially with people traveling from out-of-state.
Montana stands as an important example of why we have to protect the right to abortion in all states, including ones where it’s currently legal. For more information on how you can take action, listen to Ordinary Equality.