Idaho's Texas-Style Abortion Ban Legislation Heads To Governor

BOISE, ID — A Texas-styled proposed law is headed to Gov. Brad Little's office that would ban abortions in Idaho after six weeks of pregnancy by allowing family to sue doctors who perform them.

The House voted 51-14 to approve the legislation, modeled after a Texas law that the U.S. Supreme Court allowed to remain in place until a court challenge is decided on its merits, The Associated Press reported.

If passed, the father, grandparents, siblings, aunts and uncles of a “preborn child” could sue an abortion provider for at least $20,000 in damages within four years of the procedure. The bill previously passed the Senate and now heads to Little, a Republican. A spokeswoman for the governor told AP on Monday the governor hadn’t seen the bill and doesn’t comment on pending legislation.

Critics of the legislation called the bill unconstitutional and said many women aren't aware they're pregnant at six weeks. Moreover, while the legislation prevents rapists from suing, relatives of a rapist could each sue under the proposed law.

Planned Parenthood said in a statement: "Idaho's anti-abortion lawmakers ignored public opinion and rushed through this legislation, looking to capitalize on the U.S. Supreme Court's failure to block Texas's ban."

The organization added: "The bill's sponsors and supporters have even explicitly stated their desire for Idaho to be the next Texas."

The bill's sponsors said they were encouraged by recent Supreme Court decisions.

“Texas’ clever, private course of action did good,” said state Rep. Steven Harris, who co-sponsored the bill, according to The New York Times. “It stopped physical abortions, chemical abortions in their tracks.”

Last year, Little signed into law similar legislation: a so-called “fetal heartbeat” bill. That law included a trigger provision requiring a favorable federal court ruling somewhere in the country. So far, that hasn’t happened.

Idaho has another abortion law already in place — signed by Little — that would be triggered if the U.S. Supreme Court overturns Roe v. Wade, which declared a nationwide right to abortion. The court has a 6-3 conservative majority.

If triggered, the Idaho law passed in 2020 would ban all abortions except in cases of rape, incest or to protect the life of the mother. That law would take effect in Idaho 30 days after the Supreme Court decision.