Gov. Gianforte’s mission to ban abortion could be impeded by state referendum

Montana Republican Gov. Greg Gianforte has a long record of opposing abortion rights. This November, his name will appear on a ballot alongside an abortion rights referendum.

Gianforte is currently seeking a second term as governor. His Democratic opponent is former gun sales executive Ryan Busse.

Since becoming governor in 2021, Gianforte has signed multiple bills aimed at limiting abortion access. In 2021, he signed a bill banning abortion at 20 weeks gestation, shorter than the 28 weeks allowed under Roe v. Wade. He also signed bills that banned telehealth prescriptions of abortion medications and mandated a 24-hour waiting period for patients seeking an abortion.

All three of these laws, along with a mandate that required health care providers to offer unnecessary ultrasounds to abortion patients, were blocked by a state judge. The judge cited a 1999 ruling by the Montana Supreme Court that said abortion access was protected under a right to privacy clause in the state constitution. Gianforte asked the Montana Supreme Court to reconsider the 1999 ruling.

In 2022, Gianforte celebrated the Supreme Court decision that overturned Roe v. Wade.

“Today marks a historic win for life, families, and science,” Gov. Gianforte said in a statement. “With this monumental decision, the Supreme Court has restored power to the American people and their elected representatives. I’m in discussions with legislative leaders on next steps as we work to protect life in Montana.”

One year later, Gianforte signed a bill that sought to ban the most common form of abortion at 15 weeks gestation. Planned Parenthood of Montana challenged the law. A district court judge in Helena blocked it from taking effect, again citing the 1999 state Supreme Court decision.

Abortion remains legal in Montana at between 24 and 28 weeks gestation.

In his private life, Gianforte has donated large sums to anti-abortoin causes. In 2004, Gianforte and his wife started the Gianforte Family Foundation. According to the foundation’s website, their goal is “to see individuals and families in Montana flourish, spiritually and economically.”

Between 2008 and 2018, the foundation donated more than a million dollars to crisis pregnancy centers in Montana. Crisis pregnancy centers are nonprofit organizations that discourage people from getting abortions. They are often accused of sharing misleading or medically inaccurate information. Critics claim that these centers fraudulently present themselves as healthcare providers to lure in patients.

The Gianforte Family Foundation has also contributed to prominent anti-abortion organizations, including Montana Right to Life, the Montana Family Foundation, and the Charlotte Lozier Institute.

In November, Montanans will vote on a ballot measure that could explicitly enshrine the right to an abortion into the state constitution. If the measure fails and Gianforte is reelected, it could empower him to pursue abortion bans without judicial intervention.

On his campaign website, Busse lists protecting abortion access as one of his top priorities.

“Ryan is an unapologetic defender of the freedom of health care and reproductive choice, and of Montana’s constitutional right to privacy,” the page states. “He believes no politician has any right to make private health care decisions for women, including whether to have an abortion.”

A Gianforte spokesperson did not immediately respond to a request for comment for this story.