Montana voters will decide Nov. 8 whether to approve a ballot initiative declaring that an embryo or fetus is a legal person with a right to medical care if it survives an abortion or delivery. The measure would impose severe penalties on health workers who don’t provide that care. Legislative Referendum 131 was approved for next month’s election by state lawmakers in 2021, more than a year before the U.S. Supreme Court removed federal protections for abortion in June. Abortion remains legal in Montana because of a 1999 state Supreme Court ruling that protects it under the state constitution’s right-of-privacy provision. Three laws passed by the Republican-led legislature in
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