Montana Republicans want to prohibit women from traveling for abortions, charge them with ‘abortion trafficking’

A new bill in the Montana Legislature would prohibit “abortion trafficking,” with criminal penalties for anyone who assists a pregnant woman in receiving an abortion even if outside the state.

House Bill 609 calls for a sentence of up to five years in prison for anyone who commits “abortion trafficking,” which is defined in the bill as: “A person commits the offense of abortion trafficking if the person purposely or 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…”

HB 609 is sponsored by Rep. Kerri Seekins-Crowe (R-Billings), a realtor who was first elected to the Montana House of Representatives in 2020. Three other Republican representatives — Lukas Schubert (R-Kalispell), Jane Gillette (R-Three Forks) and Braxton Mitchell (R-Columbia Falls) — signed on as co-sponsors.

Critics are voicing concerns over the enforcement of the law if it were passed; law enforcement would need to know if a woman is pregnant to stop her from leaving the state. Seekins-Crowe did not respond to a request to comment on her bill’s enforcement and the ethical and safety concerns involved with tracking pregnant women.

Democratic Legislative Campaign Committee (DLCC) Communications Director Lauren Chou blasted the bill for stripping rights away from women.

“Beyond attacking Montana voters who voted decisively to protect abortion rights, state Republicans are once again abusing state legislatures as a testing ground for their most extreme policies,” Chou told The New Republic. “Voters across the country are watching as Republicans take an axe to their rights and they won’t forget this when it’s time to head to the ballot box.”

Abortion remains legal in Montana up to fetal viability, or roughly up to 23 weeks. Voters also enshrined abortion rights into the state constitution last November, approving a ballot measure 57.76% to 42.24%. Restricting the ability for women to travel for abortion care is the latest GOP effort to combat abortion and has also been proposed in Missouri.

Missouri’s state legislature is currently debating a bill to create a state-run database to track pregnant women “at risk of receiving an abortion,” which was described as “eHarmony for babies” by the bill’s author. Like Montana, Missourians also approved a reproductive rights ballot measure last November.