State Politics

McGeachin calls on Idaho lawmakers to end rape, incest exceptions for abortions

Idaho Lt. Gov. Janice McGeachin has called on lawmakers to remove exceptions for rape and incest survivors from the state’s abortion ban, which could go into effect if the U.S. Supreme Court overturns Roe v. Wade.

In a Monday news release from her gubernatorial campaign, McGeachin called on Gov. Brad Little to reconvene the Idaho Legislature for a special session to eliminate “numerous exceptions and carve-outs” and pass a “more comprehensive” abortion ban. Idaho’s abortion laws only have carve-outs for rape and incest, and risk of death for the mother.

Idaho’s most recent abortion law would make it a felony for any health care provider to facilitate an abortion except when a woman is at risk of death due to the pregnancy or in cases of rape or incest. The law has been challenged in the Idaho Supreme Court.

The rape and incest exceptions only apply in instances when the crime has been reported to law enforcement — something Idaho experts have said only happens about 25% of the time.

“No child should ever be murdered because of the circumstances surrounding his or her conception,” McGeachin said in the news release.

McGeachin has publicly called on a special session to address abortion before, including in an interview on KTVB. At a May 4 campaign rally, McGeachin said the state must “unconditionally prohibit abortion.” The Idaho Legislature adjourned in March, and only the governor can call the Legislature into a special session.

When the Statesman reached out, a campaign spokesperson for McGeachin reiterated her news release and didn’t clarify which circumstances or exceptions the statement referred to.

“Of course I understand that there are rare medical emergencies in which it may be impossible to save the life of both the mother and the child,” McGeachin said in an additional statement Monday. “In such rare occurrences, a difficult decision may have to be made, but Idaho law must never allow for elective abortion masquerading as medical necessity.”

Idaho’s current ban would apply only to health care providers performing abortions, and it would limit punishment to a maximum of five years in prison and a suspension of the provider’s medical license upon first offense. Upon second offense, the provider’s medical license would be permanently revoked. The legislation specifically exempts women who procure abortions from being punished.

McGeachin’s comments come a week after a leaked draft opinion of the U.S. Supreme Court to reverse Roe v. Wade and Planned Parenthood v. Casey. Those landmark cases established abortion rights and clarified time frames for legal abortion and parameters for restrictions on the procedure.

In the wake of the leak, Idaho politicians have expressed interest in further curtailing abortion access in Idaho. Over the weekend, House State Affairs Committee chairman Brent Crane, R-Nampa, said he would hold hearings to determine whether to outlaw abortive medicationand emergency contraception such as Plan B.

Reporter Kevin Fixler contributed to this story.

This story was originally published May 9, 2022 at 4:42 PM.

Nicole Blanchard
Idaho Statesman
Nicole Blanchard is part of the Idaho Statesman’s investigative and watchdog reporting teams. She also covers Idaho Outdoors and frequents the trails around Idaho. Nicole grew up in Idaho, graduated from Idaho State University and Northwestern University with a master’s degree in journalism. Support my work with a digital subscription
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