Idaho’s war against abortion is impacting the lives of both those seeking abortions as well as maternal health care, jeopardizing Idaho women.
The Gem State has a long and complicated relationship with abortion and women’s bodily autonomy. That relationship had been made even more complex with the passing of House Bill 242, nicknamed the “abortion trafficking law” by those who support it. Gov. Brad Little signed the bill into law on Wednesday evening.
Sen. Melissa Wintrow, a Democrat from Boise, calls the bill “one of the ugliest attacks on women’s reproductive rights,” in an interview with The Argonaut. She likened the atmosphere to George Orwell’s “1984” and Margaret Atwood’s “The Handmaid’s Tale.”
With HB 242, women under the age of 18 could be prosecuted if they obtain an abortion without parental consent. Furthermore, if a person assists the woman in getting an abortion without parental permission, they can be prosecuted. The doctor who performs an illegal abortion by Idaho standards can also be sued by family members of the aborted fetus, even if the abortion was performed in a state where it is legal, like in the bordering states of Washington and Oregon.
The day prior to the bill’s signing, Washington Gov. Jay Inslee urged Little to veto the bill.
“Make no mistake, Governor Little, the laws of another state that seek to punish anyone in Washington for lawful actions taken in Washington will not stand,” Inslee wrote in a letter to Little. “We will protect our providers, and we will harbor and comfort your residents who seek health care services that are denied to them in Idaho.”
Inslee raises an important point in that Idaho is actively scaring off health care providers.
Idaho is suffering from a lack of OBGYN physicians, which has resulted in two hospitals, Bonner General Hospital in Sandpoint and Valor Health in Emmett, closing their labor and delivery units. This means soon-to-be mothers will be forced to travel hundreds of miles in order to deliver their babies.
The reason for these closures is the political climate. Many physicians do not feel safe making decisions for their patients, not because of abortion access, but because they are no longer able to safely advise their patients with pregnancy complications.
The bill allows family members of the aborted fetus to sue physicians for $20,000, creating an even more precarious situation physicians must operate under.
Instances in which an abortion may be legal are when it is necessary in saving the mother’s life. The exception to this is when the threat to the mother’s life is mental health. A physician will also be free from civil action if they “provided the best opportunity for the unborn child to survive.”
The bill also clarifies that if a woman over the age of 18 reports an instance of rape or incest and provides a copy of the police report to a physician, she will not be prosecuted for “criminal abortion.”
A concern raised by those against the bill, like Planned Parenthood and Wintrow, is that this is the first bill in the United States to criminally charge adults who aid minors seeking an abortion.
Rep. Barbara Ehardt, a Republican from Idaho Falls, said parents can still aid their child in getting an abortion.
“This legislation does not prevent parents from taking their child across the border to get an abortion,” Ehardt said in an interview with The Argonaut. She added that the bill also allows parents to cede this right to another adult, who can now help a minor get an abortion across state lines.
The bill states that any person who “commits the crime of abortion trafficking” will serve between two to five years in prison.
Regarding a pregnancy as a result of rape or incest, “Your first inclination should not be “hey, let’s get an abortion,’” Ehardt said. “Your first inclination should be to go to the police.”
In response to that statement, Wintrow said that Idaho is trying to dictate what an individual should and should not do.
“No one can tell an individual what their first inclination should be,” Wintrow said.
This bill assumes that young girls are comfortable telling their parents and the police that they have experienced sexual assault and are now in need of an abortion. The Justice Department estimates that 80% of sexual assaults across the country go unreported.
HB 242 is willfully ignorant to this fact and will punish those who respect the privacy and safety of young girls and women in Idaho.
The Idaho pro-life movement vocalizes their disdain for abortion because it takes away an opportunity for new life, yet bills written and sponsored by members of that community only do harm to resources that are meant to be lifesaving.
In the words of Wintrow, the proponents of pro-life legislation like HB 242 are “anti-choice, anti-freedom, and anti-(self)determination.”
The continued attack on reproductive health care is damaging Idaho and will lead to an increase in unsafe abortions, often resulting in irreversible harm.
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Gary Jess
Nothing should happen to are children without parents being included, and not without their permission
Kim Carstensen
Born and raised from north Idaho. This attack on women and their choice is beyond all my beliefs. What is this state trying to achieve? Becoming a communist community? An anti LGBTQIA society? I believe a woman should be allowed to choose. I believe a person that doesn't feel right in their gender should be allowed to choose. What are is our state of Idaho becoming?