Montana has introduced House Bill 609, which will prosecute residents who travel to other states to receive abortion care.
It’s well-known that the most extreme Republicans support prosecuting women who travel to other states for an abortion. Such a measure shouldn’t be possible, though. When Roe vs. Wade was overturned, Justice Brett Kavanaugh wrote that states couldn’t prosecute women for traveling to other states for abortion because it would infringe on their constitutional right to interstate travel. Even so, Republicans, from the onset, showed interest in challenging this right. They quickly blocked a Senate bill that would’ve solidified protections for women who travel for abortion care and have pushed for “abortion trafficking” laws that apply to minors. Of course, they were never interested in stopping at minors. The real goal was to challenge women’s right to travel eventually, and now, Montana is trying to do just that.
Montana pushes “abortion trafficking” bill to restrict women’s travel
Montana recently held its first hearing on HB 609, which seeks to make “abortion trafficking” a criminal offense. The bill was introduced by Rep. Kerri Seekins-Crowe (R–Billings) and seeks to prohibit pregnant women in Montana from traveling outside the state with the intention of receiving abortion care that is illegal in Montana. It will also prosecute anyone who “knowingly transports or aids or assists another person in transporting an unborn child that is currently located in this state either to a location within this state or to a location outside of this state with the intent to obtain an abortion that is illegal in this state.”
Under the bill, those accused of committing abortion trafficking could face a prison sentence of up to five years and a fine of up to $1,000. However, the bill also contains this concerning text: “A person convicted of deliberate, mitigated, or negligent homicide under this chapter is subject to the penalties prescribed by 45-5-102 through 45-5-104.” It seems to suggest that women who travel out of state for an abortion could potentially be charged with “deliberate, mitigated, or negligent homicide” rather than just “abortion trafficking.” In Montana, mitigated deliberate homicide carries a prison sentence of up to 4o years.
Speaking with journalist Jessica Valenti, Montana resident Anne Angus paints a grim picture of what this bill could mean for residents. In 2022, she traveled out of state for an abortion because her fetus was diagnosed with a fatal condition. Under the bill, she’d have been prosecuted for trying to give her child dignity as a grieving mother. She stated, “Had a bill like this been law at the time, I wouldn’t just be a grieving mother, I’d be a felon. All for fleeing the state to give my son the compassion and dignity he deserved.”
Another concerning aspect of the bill is that it doesn’t outline how it would be enforced. However, one can guess what measures might be put in place. The only way a state would know if a woman traveled out of state for an abortion would be if it was tracking and surveilling women’s pregnancies. The alternatives only raise further concerns, such as the state just relying on accusations or suspicions or forcing women to prove they’re not pregnant before they leave the state. There’s simply no way to enforce such a ban without severely infringing on women’s fundamental rights. Even if the bill doesn’t pass, it’s still a bold and unprecedented move to try to override women’s constitutional rights to travel.
Published: Feb 26, 2025 05:53 pm