Idaho Imposes ‘Abortion Trafficking’ Ban, Criminalizing Taking Minors Across State Lines to Abort Babies

Idaho Gov. Brad Little gestures during a press conference at the Statehouse in Boise, Idaho on Oct. 1, 2020. Darin Oswald/Idaho Statesman via AP

Idaho Gov. Brad Little on Wednesday signed a bill that makes it a criminal offense for an adult to help a minor get an abortion without parental consent, even if the procedure to terminate the pregnancy is done out of state, formally establishing a new crime called “abortion trafficking.”

Little, a Republican, signed into law House Bill 242, which makes it a crime in Idaho for an adult to procure abortion pills for a minor without parental consent by “recruiting, harboring or transporting the pregnant minor” to terminate a pregnancy without parental permission.

“With the U.S. Supreme Court’s reversal of Roe vs. Wade last summer, the right and duty to establish legal policy on abortion was finally returned to our state democratic process,” Little wrote in a letter (pdf) to Idaho lawmakers, declaring he had signed the legislation.

The bill states that it is not an “affirmative defense” to a prosecution under the new law for the accused to argue that the abortion was carried out in another state than Idaho, nor that the abortion pills were obtained from an out-of-state provider.

The law therefore makes it illegal for an adult to help a minor cross state lines to obtain an abortion without parental consent. Called “abortion trafficking,” such an offense is punishable by two to five years in prison.

Civil penalties are also provided for in the new law, which goes into effect 30 days from its signing.

Family members of the pregnant woman “upon whom an abortion has been attempted or performed” can sue doctors who performed or tried to perform an abortion in violation of the law’s provisions.  The law defines “family members” as the parents, grandparents, siblings, aunts or uncles of the preborn child.

However, the ability to sue for damages, costs, and attorneys fees does not extend to the parent of the preborn child if the pregnancy arose due to incest or rape.

Reactions

Pro-life groups praised the “abortion trafficking” law.

“With abortions virtually banned in Idaho, Planned Parenthood and other organizations are actively coaching and luring women across state lines for abortions. This is abortion trafficking,” Linda Thomas, Director of Community Outreach at the pro-life group Stanton Health Care, told LifeNews.

“The abortion industry is aggressive and relentless in pushing abortion on vulnerable women ... and even minor children! We must be even more diligent and resolved in our efforts to provide protection and life-honoring care,” Thomas added.

By contrast, Planned Parenthood Alliance Advocates-West said in a post on Twitter that “this legislation is despicable, and we’re going to do everything in our power to stop it.”

“This law would criminalize Idahoans for helping young people access abortion care,” the pro-abortion group said. “You shouldn’t go to prison for helping the kid you love.”

Gov. Jay Inslee of Washington state, which shares a border with Idaho, urged Little to veto the bill.

Inslee, a Democrat, argued in a letter (pdf) to Little that the law would punish underage Washington residents who, after remaining in Idaho for a period of time, returned to Washington to get an abortion without parental consent.

“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.

“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 added, setting up Washington to be an “abortion trafficking” sanctuary state.

Idaho’s abortion laws are among the most restrictive in the country.

Authorities in Oregon, another state that shares a border with Idaho, in January launched a hotline to provide free legal advice on abortion access.

“The Hotline will fill an important need in our state for callers to understand the status of our reproductive health laws, including issues related to abortion access,” Oregon Attorney General Ellen Rosenblum said in a statement.

“This is especially important because we share a border with Idaho, which has a near-total abortion ban,” Rosenblum added.

In June, the governors of Washington, Oregon, and California issued a “Multi-state Commitment” promoting the West Coast as a safe haven for abortions.

Lawmakers in Oregon, where abortion is legal at all stages of pregnancy, and where 16 and 17-year-olds don’t need parental consent to obtain an abortion, have proposed a bill that would implement a wide-ranging series of measures to make access to abortion even more unfettered.

One of the most contentious parts of the Oregon bill is that those who provide “reproductive health care” would, under the proposed legislation, be allowed to provide abortions “to any person without regard to age” and in some cases would be prohibited from disclosing that information to parents.  Reproductive health care providers include doctors, physicians assistants, nurse practitioners, pharmacists, and naturopaths.