Supporters say the constitutional change would mean the state would recognize that life begins at conception, and say it would criminalize abortions. But a preliminary House vote on Monday showed that only 46 of the 100 House members support it.
Changes to the constitution ultimately need support from 100 of the Legislature's 150 House and Senate members before being sent to the voters.
Opponents argued it would create a host of potential problems, including the possibility that authorities would have to conduct autopsies on miscarriages.
Language would be put in the Montana Constitution saying, "Every person has a paramount and fundamental right to life."
It would also be amended to read, "All persons are born created free and have certain inalienable rights from the moment of conception."
Constitutional Party Rep. Rick Jore of Ronan is sponsoring the measure and believes that life begins at conception.
"Perhaps we as a nation have taken a wrong turn. We have devalued life since 1973 and the Roe V. Wade decision," Jore said.
House Minority Leader John Parker, D-Great Falls, said constitutional recognition of life at conception creates a host of legal problems.
He pointed out that a father of a baby could sue for custody of an unborn child if the measure were to eventually clear the Legislature and be approved by voters.
"The realm of unintended consequences could be very big indeed," he said.
Five Republicans joined all 49 Democrats in voting against the measure. It was supported by 45 Republicans and Jore. It will need 50 votes on a final vote likely to be held Tuesday if it is to remain alive this legislative session.
Jore's bill is House Bill 40.
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