The Montana Legislature is considering a controversial bill proclaiming fetuses as trafficked children, criminalizing anyone who assists in transporting them for abortion. This initiative is part of a broader strategy observed in states like Idaho and Tennessee, thrusting the legality of abortion into contentious territory. Despite a rise in shield laws safeguarding those aiding out-of-state abortion seekers, the total number of abortions remains stable. The legislation aims to address the challenges anti-abortion advocates face post-Roe v. Wade, with an emphasis on minors to enhance its political appeal, simultaneously laying groundwork for defining fetal personhood.
The Montana bill defines the fetus as the child being trafficked, making it a crime for anyone to transport ‘an unborn child’ for an abortion.
Abortion foes were well aware of the challenges in enforcing state bans, as travel for abortions remained accessible for those with resources.
The proposed law aims to set a precedent for fetal personhood while challenging states where abortions are legal.
The National Right to Life Committee's model law addresses interstate abortion travel, leveraging parental involvement to garner broader political acceptance.
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