Republicans killed a bill that would protect birth control. What it could mean for Idaho
As reproductive health care continues to consume the national spotlight, Democratic federal lawmakers have turned now to protecting birth control — but the efforts this week have fallen short, with the help of Idaho’s Republicans.
Idaho Republican U.S. Sens. Jim Risch and Mike Crapo on Wednesday, alongside their GOP colleagues, voted to kill a federal bill that sought to protect access to contraceptives — medications, devices and procedures meant to prevent pregnancy. Democrats brought forward the bill, which would make it illegal for states to outlaw the sale or use of all types of contraceptives, just as conservative groups in red states have signaled their intent to push to ban them.
Idaho now has some of the strictest abortion restrictions in the country, and the conservative group responsible for crafting those laws has said it plans to push for bans on multiple types of contraception. Without the federal protection, an Idaho law could eliminate emergency contraception, which is often called by the brand name Plan B, and intrauterine devices (IUDs) if the ultra-conservative Idaho Family Policy Center is successful.
IUDs, Plan B under fire
The Right to Contraception Act, which Republican lawmakers said Democrats attempted to rush without proper discussion, failed 51-39 on Wednesday. Conservative legislators said they didn’t see a need for the legislation or felt it didn’t protect health care providers’ right to religious or moral objections, according to The New York Times.
Instead, Sen. Joni Ernst, R-Iowa, introduced a competing bill that would carve out protections for oral medication but not other forms of birth control, such as intrauterine devices (IUDs), implants or injections.
The bill excludes “any drug that is also approved for induced abortion,” as well as emergency contraception. Risch is one of the bill’s cosponsors.
Democrats at the national level and in Idaho slammed Republicans’ refusal to vote for what President Joe Biden called a “fundamental right for women,” while Republicans called the bill a political stunt.
“Your right to use birth control should never be up for debate, but Mike Crapo and Jim Risch chose to continue supporting the extreme GOP war against reproductive freedoms,” Idaho Democratic Party Chair Lauren Necochea said in a news release.
According to polling conducted by news website FiveThirtyEight in 2022, 81% of Americans support the use of IUDs, and 70% support emergency contraception.
Risch and Crapo did not respond to requests for comment on their votes.
Birth control debate in Idaho continues
Birth control has been a hot topic in Idaho in recent years. During the 2024 legislative session, state lawmakers approved a bill to require health insurance companies to provide up to a six-month supply of birth control at a time. It took years to approve such a law.
Two years ago, state Rep. Brent Crane, R-Nampa, drew criticism when he told Idaho Public Television he intended to hold hearings on legislation to ban IUDs, emergency contraception and abortion pills. Crane later walked back the comments on IUDs, which are hormonal or copper devices that can be inserted in the uterus to prevent pregnancy for several years.
In a phone interview, Crane told the Idaho Statesman he has not heard any discussion or been presented with any draft legislation regarding emergency contraceptives. Instead, Crane said, the focus has been on addressing any potential issues with the abortion ban triggered after Roe v. Wade was overturned. He said he anticipates lawmakers will address in vitro fertilization, or IVF, during next year’s session.
While no bills have been introduced in the Idaho Legislature aimed at limiting or eliminating contraception, the ultra-conservative lobbying group Idaho Family Policy Center indicated in a January report that those birth control methods are its next targets. The group crafted several bills that made it into law, including a bill to outlaw abortion after a fetal heartbeat is detected — before many women know they’re pregnant.
The organization declined to comment on any legislation that may be in the works on the topic. In an emailed statement, Idaho Family Policy Center officials said the organization “believes that married couples should be free to make personal decisions about contraception use.”
The statement said Idaho Family Policy Center opposes abortifacients that “are known to destroy human life after fertilization.” It named IUDs and two emergency contraception brands, which do not end existing pregnancies. Both forms of birth control can prevent fertilization — when sperm and egg meet — and also prevent a fertilized egg from implanting in the uterus, where it could develop into a fetus.
“Our state will not fulfill its promise of guaranteeing the right to life for every child until abortifacient drugs and devices are prohibited,” the nonprofit’s report said.
Idahoans push for birth control access
Necochea, the Democratic Party chair, said in the news release that Republicans “have made it clear they are willing to rip away every aspect of our reproductive health access and bodily autonomy.”
She called Idaho “ground zero” for reproductive health care fights and pointed to doctors’ recent attestations that pregnant patients experiencing complications are being airlifted to neighboring states for care.
A group of Republican women have also advocated for expanding birth control access in Idaho. Former state Reps. Kelley Packer and Laurie Lickley and former Idaho Senate candidate Tara Malek launched the Idaho Contraceptive Education Network, or ICEN, last year. None of the women were available for comment on the Senate vote.
Packer told the Idaho Capital Sun last year that the group wants to clarify that contraceptives and abortifacients are not the same. She reiterated that goal in a recent interview with the Washington Post and said the group will focus on educating legislators about how birth control works.
When the group first launched, Lickley said in a news release that “there is nothing more pro-life than giving our families access to this important family planning resource.”
This story was originally published June 7, 2024 at 3:09 PM.
