Montana Personhood Constitutional Amendment (HB 302)

HB 302 proposes an amendment to the state constitution to redefine “person” in order to grant rights to embryos and fetuses.

The amendment would define “person” to apply “to all members of mankind at any stage of development, beginning at the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.”

The amendment clarifies that no cause of action may “arise as a consequence of harm caused to an unborn baby by an unintentional act of its mother.”

Any proposal to amend the state constitution would require a 2/3 vote of the entire legislature.

If passed, the amendment would be presented to the voters of Montana in November 2020.

The amendment would effectively ban abortion—and possibly even birth control pills, IUDs, and emergency contraception. In addition, it would eliminate certain medical choices for women, including some cancer treatments and in vitro fertilization, and might lead to investigation and prosecution of pregnant people who miscarry to determine if their own actions caused the death of the fetus.

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Latest Action

1/25/19 – Introduced.

2/15/19 – Passed the House by a 56-43 vote.

4/9/19 – Failed to meet the 2/3 requirement of the entire legislature.

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People