The American Civil Liberties Union (ACLU) sued the state of Montana Tuesday, alleging that the state’s law permitting only physicians and physicians’ assistants to perform abortions is unconstitutional because nurses should also be allowed to conduct the procedure.
The ACLU, along with the Center for Reproductive Rights, filed the lawsuit in Helena’s District Court Tuesday, positing that for the state to prevent advanced practice registered nurses from performing abortions is a violation of their rights. The group did not clarify the motivation behind wanting more health care providers to perform abortions, as Montana does not suffer from a lack of doctors who are able or willing to perform abortions on women.
Only one state currently lets nurses perform abortions, as opposed to doctors or physicians’ assistants. California passed the Reproductive Privacy Act in 2002, permitting any authorized health care provider to provide medical abortion. This was the first state law to affirm the right of non-physicians in providing abortion care, according to the National Abortion Federation.
“Medically unjust laws that prevent qualified clinicians from providing abortion services are unconstitutional,” Center for Reproductive Rights CEO Nancy Northup said, according to the Independent Record. “They further restrict abortion access in states where it is already limited, while serving no valid medical purpose.”
Planned Parenthood and Maine’s ACLU also filed a lawsuit in September challenging the state law which prevent nurses from performing abortions. (RELATED: Doctor Defends Late-Term Abortion By Saying Unborn Baby Pain Is Bogus).
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