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Canceling the constitutional initiative 128
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Canceling the constitutional initiative 128

BOZEMAN — If you voted this year, you were probably faced with the decision of whether to vote yes or no on CI-128. You probably knew it was about abortion, but do you know the deeper meaning behind this initiative? Let’s take a closer look.

“That language is often not what we use every day when we talk to each other,” says Eric Austin, department head of Political Science at Montana State University.

If you, like many Montanans, are confused by the language of Constitutional Initiative 128, don’t worry. You’re not alone. That’s why I met with Eric Austin, to get a better understanding of CI 128.

“I think there are three components to CI-128, the first of which has to do with preserving the right of individuals to make choices about their access to health care,” he says.

But Austin tells me it’s the other two components that can be a bit confusing. The second part? Ensuring that physicians are able, first, to determine fetal viability; and second, what threat, if any, exists to the mother’s health.

“And then the third part of it has to do with prohibiting any form of punishment for providing those services.”

What does voting yes on CI-128 mean?

“It enshrines this right in the Constitution, which is a pretty high bar. It is not just a law passed by the legislature. It enshrines this right in the Constitution,” Austin said.

And vote no?

“It just means it’s not part of the Constitution.”

Abortion is currently legal in Montana, so why was this initiative brought to a vote? Austin tells me what proponents of 128 are saying:

“It is a fundamental right for women to be able to make these choices about their own health care. And so it’s best to enshrine it in the Constitution, rather than leaving it up to the legislature,” Austin says.

And opponents of 128?

“Anchoring it in the constitution is a step too far.”

So what happens if CI-128 fails?

“That doesn’t necessarily mean that it makes abortion illegal. It then increases the likelihood or possibility that the legislature will pick this up and enact laws that are significantly more restrictive than the laws we have now.”

But if CI-128 passes, it would become part of the state constitution and therefore out of the hands of the legislature.