Where the Candidates Stand on Women’s Reproductive Rights

Montana becomes eighth state with ballot measure seeking to protect abortion rights

A majority of Montanans support women’s reproduction rights (also known as “freedom of choice” and “a woman’s right to make her own reproductive decisions” and “abortion access”).

A 25-year-old state Supreme Court ruling protects abortion rights in Montana. That has not stopped Republicans and anti-abortion advocates from trying to institute a ban.

Polls in 2007 and 2014 by the Pew Research Center found that a majority of Montanans said that abortion should be legal in all or most cases.

In 2022, Montanans rejected a ballot measure that would have “raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take ‘all medically appropriate and reasonable actions to preserve the life’ of an infant born alive, including in the rare case of a birth after an abortion.”

In a 2023 poll, six in ten Montana voters overall said that abortion should be legal in all or many circumstances.

A 2024 poll from the Rural Democracy Initiative shows that 74% of rural voters in 10 battleground states, including Montana, agree with the statement “we should trust women and their doctors when it comes to abortion, not politicians.” 

“A study published [on June 24, 2024] in the pediatrics journal of the American Medical Association (JAMA Pediatrics) shows that the idea of returning women to roles as wives and mothers by banning abortion has, in Texas, driven infant death rates 12.9% higher.”

A Montana district judge recently issued a ruling, permanently blocking three Montana laws from the 2021 legislative session that tightened abortion restrictions.

A Montana district judge recently issued a temporary restraining order blocking HB 575 from the 2023 legislativeve session which requires sll patients in Montana to undergo an ultrasound before getting an abortion.

Similarly, a Montana district judge has temporarily blocked HB 721 from the 2023 legislative session which banned a specific abortion procedure commonly used after 15 weeks of pregnancy.

So, where do the candidates stand?

The following quotes concerning women’s reproductive rights are taken from and linked to the candidates’ websites, books, interviews, and speeches. The abortion-related votes of candidates who served in the 2023 legislative session are also presented. It is noteworthy that no candidate is a “supporter” of abortion. What differentiates the candidates is whether they believe that government should be making decisions for women and their doctors forced to confront the question.

It is also noteworthy that Democrats generally disclose their positions on abortion access on their campaign websites and Republicans often do not. For that reason, quotes are available from a limited number of candidates.

US Senate Candidates

Jon Tester (D)-“As women’s access to health care is being restricted and reproductive freedoms are under attack across the country – including Montana – it is more important than ever to have a champion for women in the U.S. Senate.” Jon cosponsored “Women’s Health Protection Act of 2023: “To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services.”

Tim Sheehy (R)-“It’s really frustrating how, you know, we have one party in this country that seems to be bent on murdering our unborn children and taking that, taking that tack, you know, in a very militant way.”

US House Congression District 1 Candidates

Monica Tranel (D)-“I trust women and families to make their own decisions about how they live their lives.” “This is about privacy and freedom. And I am the only candidate in this race who stands unequivocally with you for your privacy, to make your own health care decisions, to make decisions about your body, and to decide when, whether and how you will become a mother or a parent and how to use your resources.” “Every person should have the freedom to choose how they live their life, and the privacy to make decisions about whether they have children, who they love, and how they live their lives.”

Ryan Zinke (R)-“Again, I wish the abortion wasn’t there, but life isn’t perfect. And I understand there’s a lot of circumstances that force a woman into that very difficult decision. But I’m pro-life and I’m proud of it. ”

Montana Governor Candidates

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

Greg Gianforte (R)-“I’m proud to round out our legislative session with another suite of pro-life, pro-family bills that protect the lives of unborn babies in Montana,” Gianforte said in a written statement about the bill signings.

Montana State Senate District 30 Candidates

Cora Newman (D)-A state district court judge has deemed that three laws passed in 2021, meant to tighten restrictions on abortion, are unconstitutional. “So I would say this is a big win for families and women. For Montana families who want to decide how and when to start a family, to grow their family. And it’s a big win for women’s health.”

Tyler Rogers (R)-No online presence.

Montana State Senate District 33 Candidates

Chris Pope (D)-HB 140 would require a doctor to offer a patient seeking an abortion the opportunity to see an ultrasound. Requiring a doctor to record whether a woman chooses to view the ultrasound is a “deep governmental intrusion into a woman’s right to privacy.” Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Neal Ganser (R)-No online position.

Montana State House District 57 Candidates

Scott Rosenzweig (D)-“Respect for personal privacy.”

Marty Malone (R)-“Protect the unborn.” Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte. Bills signed into law by Governor Greg Gianforte.

Montana State House District 59 Candidates

Ed Stafman (D)-“Neither the government nor religious agenda should overrule a woman’s conscientious decision, made with her physician and spiritual advisers, about pregnancy before a fetus is viable.” Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Both bills were signed into law by Governor Greg Gianforte. Stafman sponsored HB 471, a bill which would have given women the right to seek an abortion based on her religious or spiritual beliefs on the subject, even where a state law may prohibit it. He also voted YES on several bills that sought to preserve and/or codify existing abortion rights in Montana and has been endorsed by Planned Parenthood.

Marc Greendorfer (R)-“There should be a right to abortion, but it should be limited to certain gestational periods, exactly as is the case in most other American states as well as European countries.” The foregoing statement describes the three unconstitutional laws passed by the Republican-controlled 2023 Montana legislature that would ban abortions beyond 20 weeks of gestation. Also, Greendorfer was a lawyer in the Hobby Lobby case before the US Supreme Court, where he successfully argued that corporations have religious rights to refuse to include contraceptives in their employee health insurance policies. He is also a member of The Federalist Society that produced the list from which all Trump supreme court justices were selected, all of whom are opposed to abortion rights and voted to overturn the federal abortion right under Roe. He also argued in the Supreme Court against same sex marriage. At present, his front yard includes yard signs for Zinke and Sheehy, both of whom oppose abortion rights.

Montana State House District 60 Candidates

Alanah Griffith (D)-“This election is critical to protect the right to privacy in medical decsions from government overreach.  I am the only candidate running for SD 60 who will preserve that right.”

Jerry Johnson (R)-No online presence.

Montana State House District 61 Candidates

Becky Edwards (D)-“The Montana constitution proudly ensures a right to privacy for all residents. The Supreme Court roll back of Roe v Wade and the subsequent state by state diminishment of the simple human right of a woman’s ability to care for our own bodies and seek appropriate healthcare is devastating.”

Thomas Carlson (R)-No online presence.

Montana State House District 62 Candidates

Joshua Seckinger (D)-“I staunchly defend a woman’s right to make her own healthcare decisions, including the right to choose whether to terminate a pregnancy. Access to safe and legal abortion services is crucial for women’s autonomy, health, and well-being. I will tirelessly advocate for policies that protect reproductive rights, including ensuring access to comprehensive reproductive healthcare, contraception, and family planning services. No one should face barriers or judgment when seeking reproductive healthcare, and I am committed to upholding the constitutional right to privacy and bodily autonomy for all individuals.”

Owen Lang (R)-“Protect the right to life.”

Montana State House District 63 Candidates

Peter Strand (D)-“Each of us should be able to make decisions about our own health without political interference. We should trust women to know what’s best for their bodies, their physical and mental health, and their lives. Likewise, we should trust parents to make decisions related to the physical and mental health of their children. While medical professionals belong in these discussions, politicians do not.”

Mark Lewis (R)-No online position.

Montana State House District 64 Candidates

Kelly Kortum (D)-Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Jolene Crum (R)-No online position.

Montana State House District 65 Candidates

Brian Close (D)-“I support Reproductive Freedom, the Right to Privacy, and Personal Autonomy.”

Esther Fishbaugh (R)-“As a champion of life, I believe in protecting the unborn and honoring the dignity of every human life from conception to natural death. I’m proud to have earned the endorsement of the Montana Family Institute for my unwavering stance on this critical issue.”

Montana State House District 66 Candidates

Eric Matthews (D)-Voted NO on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted NO on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Marla Davis (R)-No online position.

Montana State House District 67 Candidates

Carl Anderson (D)-“Privacy is a Montana Constitutional Right protecting us from overreach by activist government that is under attack by those who want to take away rights to abortion, contraception, and equality. Women have a Constitutional Right to control their own bodies, which I fight to protect.”

Jedediah Hinkle (R)-Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

Montana State House District 68 Candidates

Alexander Colafrancesco (D)-No online position.

Caleb Hinkle (R)-Voted YES on HB 575 which bans abortions based on gestational viability, presumed at 24 weeks and noted YES on HB 721 which prohibits most second-trimester abortions by barring dilation and evacuation procedures. Bills signed into law by Governor Greg Gianforte.

 

 

 

 

 

Republican Majorities and Now Super-Majorities in MT Legislature Pass Unconstitutional Laws

Republican majorities and now super-majorities in both the Montana Senate and the Montana House of Representatives pushed through a number of laws that have been struck down as unconstitutional by Montana courts.

Republican Governor Gianforte welcomed the laws and signed them into law.  Republican Attorney General and Republican Secretary of State Christi Jacobsen wasted taxpayer dollars unsuccessfully attempting to defend the laws in court. Below are links to articles that describe the debacles:

Montana Judge Declares 3 Laws Restricting Abortion Unconstitutional, Including a 20-Week Limit

Judge strikes down a trio of Montana abortion laws passed in ’21 as unconstitutional

Judge voids filing fee and legal review provisions of 2023 ballot initiative law

Montana Supreme Court declares 2021 voting laws unconstitutional

Group tells court Montana’s narrow definition of gender is unconstitutional (recently filed)

Montana Supreme Court agrees to rehear case centering on legislative rules, constitution

Montana judge temporarily blocks law banning gender-affirming medical care for minors

Montana’s First-In-The-Nation Ban on TikTok Blocked by Judge Who Says It’s Unconstitutional

Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation

Marquez v. State of Montana Senate Bill 280 woud have made it difficult, if not impossible, for transgender people born in Montana to correct the sex marker listed on their birth certificates.

So much for the majority party in the Montana legislature, the Rublican Party, being “the party of law and order.”

 

 

Jolene Crum Butts Heads with Vaccine Medical Science

Jolene Crum explains her anti-vax position in an article by the Montana Free Press entitled The vaccine hesitancy hardline:

“I took baby number five in to my doctor that had been with me for all the four other ones and I said, ‘We’re not doing any of the vaccines. We’re done,’” Crum said. “And she just looked at me. She said, ‘You know I’m on the other side of this.’ And I said, ‘I know.’”

“There’s fear on both sides,” Crum said. “There’s people who are truly afraid of this virus. And on the other side of this, there’s people who are truly afraid of losing their freedom.”

As a member of the leadership team of Montanans for Medical Freedom, Crum further explains her position in a letter to the editor entitled Support for Jane Gillette.

2023 Montana Legislative Scorecards Show True Colors

The tables below present the overall scores for individual legislators given by ten organizations that tracked voting by legislators during the 2023 session of the Montana State Legislature. Typically, the scores reflect the percentage of the votes that the legislature cast in the way the organization desired.

Below the tables are links to the full explanation of the organization’s scorecards so that you can see the details, should you desire.

Only some of the  candidates running in 2024 and holdover senators were incumbents and voted during the 2023 legislature, but you can easily see which scoring organizations the Democrat (blue rows) and Republican (red rows) legislators agreed with.

Table 1. 2023 Overall Legislative Scores

Incumbant Candidate or HoldoverACLU of MontanaForward Montana Climate JusticeForward Montana DemocracyForward Montana HousingForward Montana LBGT2S+
Rep. Jennifer Carlson (R)18%0%20%25%0%
Sen. John Esp (R)17%0%25%50%0%
Sen. Pat Flowers (D)100%100%100%75%100%
Sen. Denise Hayman (D)83%100%100%66%100%
Rep. Caleb Hinkle (R)18%0%0%50%0%
Rep. Jedediah Hinkle (R)9%0%0%50%0%
Rep. Kelly Kortum (D)100%100%100%100%100%
Rep. Marty Malone (R)18%0%20%75%0%
Rep. Eric Matthews (D)100%100%100%100%100%
Sen. Chris Pope (D)92%100%100%75%100%
Rep. Ed Stafman (D)91%100%100%75%100%
Sen. Shelley Vance (R)33%0%25%50%0%

Table 2. 2023 Overall Legislative Scores

Incumbant Candidate or HoldoverMontana AFL-CIOMontana AudubonMontana Conservation VotersMontana Environmental Information CenterWestern Native Voice
Rep. Jennifer Carlson (R)14%17%29%6%50%
Sen. John Esp (R)14%17%43%6%38%
Sen. Pat Flowers (D)100%92%100%88%100%
Sen. Denise Hayman (D)100%100%100%100%100%
Rep. Caleb Hinkle (R)0%0%0%6%25%
Rep. Jedediah Hinkle (R)0%8%0%6%38%
Rep. Kelly Kortum (D)100%100%100%88%100%
Rep. Marty Malone (R)43%25%20%6%50%
Rep. Eric Matthews (D)100%100%100%88%100%
Sen. Chris Pope (D)100%100%100%88%100%
Rep. Ed Stafman (D)100%100%100%81%63%
Sen. Shelley Vance (R)43%17%14%6%63%

For detailed information about any of the above legislative scorecards, click on a link below:

2023 ACLU of Montana Legislative Scorecard

The American Civil Liberties Union is an American nonprofit human rights organization founded in 1920. The organization strives “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.”

2023 Forward Montana Legislative Scorecards

Founded in 2004, Forward Montana is the state’s largest youth-led, youth-focused civic engagement organization. The organization strive to transform government and communities to be just, sustainable, and equitable while working toward a future where Montana celebrates and reflects the diversity of our generation.

You can view Forward Montana scorecards on climate justice, democracy, housing, LGBTQ2S+ rights and more by clicking below:

CLIMATE JUSTICE DEMOCRACY | HOUSING | LGBTQ2S+ RIGHTS | MORE

2023 Montana AFL-CIO Legislative Scorecard
MTAFLCIO 1_edited.jpg

THE MONTANA AFL-CIO is a federation of unions in The Last Best Place. We are where unions across our state join together to promote better working conditions for all workers, whether unionized or not. Because all workers deserve a fair deal, no matter what job you have, and no matter how large your employer is. ​

2023 Montana Audubon Legislative Scorecard

Founded in 1976, Montana Audubon is an independent, statewide conservation organization whose mission is to promote appreciation, knowledge, and conservation of Montana’s native birds, other wildlife, and natural ecosystems and to safeguard biological diversity for current and future generations.

2023 Montana Conservation Voters Legislative Scorecard

Montana Conservation Voters protects our clean air, clean water, public lands and democracy by supporting leaders who fight for these rights and by holding accountable leaders who do not.

2023 Montana Human Rights Network Legislative Scorecards

MHRN has defended and expanded human rights in Montana for 30+ years. It researches White nationalism and extremism, advance LGBTQ2S+ equality, and supports the communities targeted by extremist groups. MHRN uses educational opportunities, trainings, legislative lobbying, and personal engagement to counteract racism, antisemitism, Indigenous sovereignty, homophobia, transphobia, Islamophobia, and anti-government extremism across Montana.  The MHRN scorecards do not provide an overall score, so you must view them on its website.

Montana Environmental Information Center

MEIC’s Legislative Voting Record has provided objective, factual information about the most important environmental legislation of all members of the Montana Senate and House of Representatives for every session since 1974. This year’s legislative scorecard includes critical votes on fossil fuels, land use planning, water quality, climate change, environmental policy, and clean energy.

2023 Montana Sportsmen Alliance Legislative Scorecard is not available.

2023 Western Native Voice Legislative Scorecard

Established in 2022, Western Native Voice, Inc. is a domestic Montana Nonprofit Corporation and social welfare nonprofit under Section 501(c)(4) under the Internal Revenue Code. Western Native Voice works to nurture and empower new native leaders and impact policies affecting Native Americans through community organizing, education, leadership, and advocacy. It is engaged on all seven Montana Indian reservations and engaged in major Montana urban centers because approximately half of Montana’s native population lives off the reservation.