Montana voters rejected a referendum proponents said was necessary to protect survivors of botched abortions. Opponents called it redundant to infanticide laws already on the books.
Under the measure, medical professionals who"fail to take medically appropriate and reasonable actions" could face up to $50,000 in fines and up to 20 years in prison.Under the measure, medical professionals who"fail to take medically appropriate and reasonable actions" could face up to $50,000 in fines and up to 20 years in prison.
The measure declared that an embryo or fetus is a legal person with a right to medical care if born prematurely or survives an attempted abortion, among other birth scenarios. Members of the medical community opposed the amendment saying it represents government overreach in decisions made between a patient and provider. They say in instances where a baby is born early or with fetal anomalies, doctors will be forced to perform painful and unnecessary procedures that will keep the family from spending the final moments with their infant.
Republican proponents of the initiative said it was morally necessary to protect babies that survive an attempted abortion even though instances of this occurring are rare.law granted infants born alive the same rights as persons but did not mandate care or include penalties. Eighteen states have passed similar laws.
Abortion continues to be legal in Montana. The state's constitution protects it under its right to privacy.
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