Idaho Senate passes Texas-inspired bill to let family sue providers, deter most abortions
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Special report: Idaho’s abortion law
Idaho Gov. Brad Little signed a controversial bill based on the Texas law while expressing concerns over its legality. Here’s our coverage of Senate Bill 1309, which allows family members to sue abortion providers for a minimum of $20,000.
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The Idaho Senate on Thursday passed a bill that seeks to deter most abortions by allowing family to sue providers after about six weeks of pregnancy — before many woman know they’re pregnant.
After a lengthy debate that largely centered on fetal rights and the constitutionality of the proposal, the Senate passed the bill on a party-line vote.
“Does the baby have the same right as the mother? Most of us believe that it does,” said Sen. Patti Anne Lodge, a Huston Republican who co-sponsored the legislation.
Around five or six weeks is generally when an ultrasound can pick up what lawmakers call a “fetal heartbeat,” though specialized physicians have said the sounds are more accurately described as electrical activity.
Melissa Wintrow, a Boise Democrat who opposed the bill, argued that the government should not adopt one set of beliefs over another.
A pregnant woman “has rights too,” Wintrow said. “What about my life, my rights as an adult woman carrying about my business in this world?”
How Idaho’s bill differs from Texas’
Last year, Texas passed a law that outlawed abortions after six weeks and granted private parties the ability to sue providers or anyone else they suspect is “aiding and abetting” abortions after the six-week period. So far, the law has survived multiple court challenges.
The Idaho proposal — which comes from the Idaho Family Policy Center — differs from the Texas law. Only family members of the patient would be allowed to file a lawsuit, and a complaint could not be filed against someone else — such as a patient’s friend — who aids or abets an abortion. The ability to sue abortion providers would take effect 30 days after its passage, with approval from both legislative chambers and the governor.
Idaho’s ”fetal heartbeat” law last year prohibited abortions after five or six weeks of pregnancy, except in medical emergencies or in cases of rape or incest. That bill has a trigger clause so it can only become law if a federal appeals court rules in favor of a similar measure.
Blaine Conzatti, president of the Idaho Family Policy Center, said in a Feb. 11 email to lawmakers, “Lord willing, we could be just 60 days away from preventing most abortions in the state after six weeks of pregnancy.”
But the proposed law may be unconstitutional, according to the attorney general’s office.
Bill may violate Idaho Constitution, AG analysis says
A recent opinion from Chief Deputy Attorney General Brian Kane said the bill likely would violate Americans’ constitutional right to an abortion by effectively prohibiting “almost all” abortions before “viability,” which is when the baby can survive outside the womb. It may also violate the U.S. Constitution’s equal protection clause by treating abortion providers differently than other medical providers who violate other state laws, Kane wrote.
And the bill may unconstitutionally delegate legal enforcement power to private citizens and violate the Idaho Constitution’s separation of powers, Kane wrote.
Abortion remains legal at the federal level. Roe v. Wade, the landmark decision that legalized abortion, may be either modified or reversed this year by a conservative majority in the Supreme Court, said Sen. Grant Burgoyne, a Boise Democrat who opposed the new Idaho bill.
“However, as of today, Roe v. Wade is the law of the land,” he said.
Leaders of Planned Parenthood Alliance Advocates, a nonprofit that advocates for reproductive health rights, called the bill “extreme” and said it would encourage spying on family members.
“Every Idahoan deserves the ability to make their own decisions about their health and their body,” Jennifer M. Allen, CEO of Planned Parenthood Alliance Advocates, said in a Thursday news release. “This bill would gut abortion access in Idaho, with dangerous consequences for people unable to receive the care they need.”
A trailer bill meant to correct problems troubling to medical providers also cleared the Senate on Thursday. Both bills head to the House.
This story was originally published March 3, 2022 at 2:40 PM.
