Among Idaho GOP, anti-abortion groups, exceptions and criminalization cause divisions
Abortion is illegal in almost all instances in Idaho now, but that doesn’t mean the groups celebrating this change — who fought for years to achieve it — are on the same page.
Prominent anti-abortion groups in the state say they are opposed to forcing a mother to give birth when her life is at risk, but the Idaho Republican Party platform is more extreme, with no written support for exceptions in anti-abortion law.
Organizations and politicians also disagree on whether there should be exceptions for rape and incest survivors who become pregnant.
Under Idaho law, those three exceptions exist: in cases of rape and incest, as long as the crimes have been reported to authorities, and when the mother’s life is in danger.
The updated GOP platform provides language in support of adding to the Idaho Constitution a declaration of the “right to life for pre-born children” and the “criminalization of all murders by abortion.” Republicans rejected an amendment to the platform in July that would have supported exceptions to save the mother’s life.
Scott Herndon, a Republican running for an Idaho Senate seat in North Idaho, wants no exceptions to anti-abortion laws, but he told the Idaho Statesman he opposed the amendment because the delegate who proposed it did not follow the regular process.
Herndon is the creator of the Abolish Abortion Idaho website. According to website archives, the organization has advocated for legislation “that would actually end all abortion in the state of Idaho, without exceptions.”
The Abolish Abortion website also says its goal is to treat abortion as a homicide.
“Laws don’t criminalize people, they criminalize offenses,” Herndon said, “and people criminalize themselves when they commit criminal behavior.”
Herndon, who told the Statesman his anti-abortion efforts are akin to Martin Luther King Jr.’s work during the civil rights movement and the abolition of slavery during the Civil War, said the rejection of the amendment at the convention was the result of a delegate proposing it outside of the formal process. Herndon said a platform committee must approve most proposed amendments, and then produce a report of approved platform changes to the floor of the convention.
“I have been to three conventions in a row and we have never approved a floor amendment to the platform,” he said in a phone interview with the Idaho Statesman. “The platform never had any exceptions listed, so the convention just felt like that was already covered.
“We prefer that it goes through the platform committee, and I think really the reason we rejected it is because we just wanted a simple statement about abortion.”
Idaho Republican lawmakers on the future of abortion laws
The stance of Idaho Republicans at the party’s convention is at odds with many GOP lawmakers and some anti-abortion groups.
House State Affairs Committee Chairman Brent Crane, R-Nampa, said he supports the three exemptions included in Idaho law and would not support legislation that would criminalize women for the procedure.
“I have sponsored or cosponsored at least 16 pieces of legislation that advance the cause of life, but nowhere has there been support for legislation to put a woman on trial for murder should she get an abortion,” he said in a phone interview. “That support is not increasing in the House of Representatives.”
Senate President Pro Tem Chuck Winder, a Boise Republican, said some people believe criminalization is the best way to end all abortions, but he disagrees.
“I personally don’t believe people should be criminalized,” he said in a phone interview. “I do want to reduce the number of abortions to a minimum, but there are going to be circumstances when an abortion might be the only outcome for saving a person’s life.”
Winder has been in the Idaho Senate since 2012, and he said abolition efforts involving a complete ban have gained momentum during the past two to three legislative sessions.
“The complete abolition of abortion was certainly present during our last session as we dealt with the trigger law,” he said. “There were some that did not want any exemptions in that bill, and I’m sure there will be some people that will come back to try to remove those exemptions.”
Winder said he supports the exceptions in Idaho’s abortion law. He also said he does not think bills attempting to criminalize women will be successful in the Legislature.
However, Idaho does have a “criminal abortion” statute — which the Republican-dominated Legislature codified in 2020 — making it a felony to perform, or attempt to perform, an abortion at any stage of pregnancy, the Statesman previously reported. Birth control is not considered abortion under the law.
Criminal abortion by a medical provider carries a minimum prison sentence of two years, and a maximum of five.
Idaho’s anti-abortion groups on exceptions, criminalization
Founded in 1969, Right to Life of Idaho is an anti-abortion lobbying organization that says its goal is to “advocate for the unborn, disabled and elderly through education and legislation.”
According to Kerry Uhlenkott, the organization’s legislative coordinator, Right to Life of Idaho has helped pass about 40 pieces of legislation since its founding. She said the group has always backed exceptions for the life of the mother in its lobbying efforts, and she disagrees with people who want to add criminal charges.
“The woman is a victim, and we never want to criminalize a woman because so often, she is a young girl who is forced into having an abortion by her parents or boyfriend,” Uhlenkott said. “It’s something they don’t want and a decision they regret.”
Uhlenkott said she advises women who are facing an unplanned pregnancy to visit a pregnancy resource center for financial support, counseling, birth preparation and educational guidance.
Blaine Conzatti, president of the conservative Christian Idaho Family Policy Center, agreed with Uhlenkott’s advice for pregnant women who face unplanned pregnancies. He said his organization may consider backing a penalty for people seeking abortions in the future, but isn’t currently.
“Extending criminal culpability to mothers who procure abortions for themselves must be done carefully, in large part because of 50 years of propaganda telling women that a preborn child isn’t fully human and that abortion is an easy solution to the difficulties and fear resulting from unplanned pregnancies,” Conzatti said in an email. “For this reason, it’s not a conversation we’re having right now.”
Conzatti said Idaho’s abortion laws as they stand now are “partial justice for preborn children.”
The only exception the Idaho Family Policy Center supports is to save the life of the mother, but it hopes to remove exceptions for rape and incest in Idaho’s trigger law.
“Such an exception (for mothers) is morally justifiable in that the family must choose between the loss of one life or the loss of two lives,” Conzatti told the Statesman.
‘Criminal law is simply not the right tool’
Idaho Chooses Life, a conservative political action committee in Idaho, said it supports abortion exceptions for rape, incest and to save the life of the mother. The organization does not support criminal charges for those who have abortions.
David Ripley, executive director for Idaho Chooses Life, told the Statesman in an email that the three exceptions are essential to sustain public support for the trigger law and to protect women.
“This does not mean that we encourage or support abortions in cases of rape and incest,” he said. “We must continue to do everything we can to support women in those painful circumstances to find the courage and love to give that innocent child life, but criminal law is simply not the right tool to get at those hard cases.”
Ripley said the anti-abortion movement must focus on offering practical support to those who are facing an unplanned pregnancy.
“We must make adoption easier and cheaper,” he said. “We must expand the number of places where mothers can go if they need temporary housing. We must make it easier for mothers to find government help, and we need to expand the reach of crisis pregnancy centers to help with counseling, financial help and emotional support.”
This story was originally published September 22, 2022 at 12:49 PM.
