Montana Family Foundation files a major legal challenge to strike down Constitutional Initiative 128 (CI-128)
Repost of Letter from the Montana Family Foundation:
Dear Friend,
We wanted you to be the first to know: Today, the Montana Family Foundation filed a major legal challenge to strike down Constitutional Initiative 128 (CI-128) -- the dangerous abortion amendment that would allow abortion for any reason, up to the moment of birth in Montana.
Our Chief Legal Counsel, Derek Oestreicher, filed a Petition for Original Jurisdiction with the Montana Supreme Court on Monday morning. This challenge argues that CI-128 violates the Montana Constitution in two key ways:
It violates Article XIV, Section 9(3) of the Montana Constitution, which requires the entire text of a proposed constitutional amendment -- not just a short summary -- to appear on the general election ballot. That didn't happen with CI-128.
It disenfranchised Election Day voter registrants in violation of Equal Protection, because these voters were never given the opportunity to see or study the full language of the amendment before voting on this weighty and permanent change to our state constitution.
This petition builds on Montana Supreme Court precedent from the 1980s, which clearly held that the full text of a constitutional amendment must be published for voters to make an informed decision. If the Court follows that same legal logic, CI-128 should be declared null and void.
The Court may either take up our case directly or ask us to re-file in district court. Either way, we are ready -- and cautiously optimistic.
But make no mistake: this is a battle for the soul of Montana. If CI-128 stands, it will open the floodgates to unrestricted abortion and strip Montana of its ability to protect innocent life.
Thank you for standing for life, truth, and Montana's Constitution.
For Faith, Family, and Freedom,
Derek J. Oestreicher
Chief Legal Counsel and Director of Government Affairs
Montana Family Foundation
Montana Family Foundation · PO Box 485, Laurel, MT 59044, United States
