Constitutional referendum personhood amendment
If approved, SB 526 would significantly alter the legal landscape concerning reproductive rights and maternal responsibilities in Montana. By establishing legal personhood for the unborn, it may lead to restrictions on women’s reproductive rights, potentially impacting abortion laws and related healthcare services. This constitutional amendment would require a two-thirds affirmative vote in the legislature and must ultimately be approved by voters in a general election, scheduled for November 2024, to take effect.
Senate Bill 526 proposes an amendment to Article II, Section 17 of the Montana Constitution, focusing on the concept of 'personhood.' This legislative proposal seeks to define 'person' as encompassing all members of mankind from the stage of fertilization or conception. This change aims to recognize and protect the life, liberty, and property rights of unborn individuals, as affirmed by the new language inserted into the Constitution. The bill also places limits on the causes of action related to harm caused to unborn babies by their mothers, asserting that no such legal claims may arise under the state constitution.
The introduction of SB 526 has sparked notable controversy and debate among legislators and the public. Proponents argue that the bill reinforces the value of all human life and is a necessary protective measure for the unborn. However, opponents express serious concerns regarding the implications for women's rights, healthcare access, and potential criminalization of women for actions affecting their pregnancies. This division reflects broader national debates surrounding reproductive health and legal definitions of personhood.