Idaho’s ‘abortion trafficking’ law mostly can be enforced as lawsuit
proceeds, court rules
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[December 03, 2024]
BOISE, Idaho (AP) — A federal appeals court on Monday ruled that
most of Idaho's first-in-the-nation law that makes it illegal to help
minors get an abortion without the consent of their parents can take
effect while a lawsuit challenging its constitutionality continues.
The decision by the 9th U.S. Circuit Court of Appeals said the statute’s
prohibition on helping a minor get an abortion by harboring and
transporting them with the intent to conceal the procedure from the
minor’s parents is likely to be found constitutional and can be
enforced.
Part of the law remains blocked, however. The court found that the law’s
prohibition on “recruiting” pregnant youth violates the First Amendment.
That means prosecutors, for now, will not be able to charge a person
with “recruiting” or influencing a minor to have an abortion.
"Encouragement, counseling, and emotional support are plainly protected
speech,” the court wrote, even when that speech happens in the “context
of deciding whether to have an abortion.”
The ruling largely reverses U.S. Magistrate Judge Debora K. Grasham's
decision, which prevented the law from being enforced after opponents
sued the state in the summer of 2023.
Abortion is banned in Idaho at all stages of pregnancy, and the law
enacted in 2023 was designed to prevent minors from getting abortions in
states where the procedure is legal if they don’t have their parents’
permission.
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 Supporters of the law call it an
“abortion trafficking” ban. Opponents say it is an unconstitutional
prohibition on interstate travel and free speech rights. Both sides
framed Monday's ruling as a victory.
“This decision is a significant victory for the
plaintiffs, as it frees Idahoans to talk with pregnant minors about
abortion health care,” Wendy Heipt, a lawyer for the plaintiffs,
said in an emailed statement Monday.
She said the plaintiffs, which include multiple advocacy groups, are
also considering their appeal options.
Idaho Attorney General Raúl Labrador in an emailed statement called
the ruling a victory for the state.
“Idaho’s laws were passed specifically to protect the life of the
unborn and the life of the mother, Labrador said. "Trafficking a
minor child for an abortion without parental consent puts both in
grave danger, and we will not stop protecting life in Idaho.”
The law makes it illegal to either obtain abortion pills for a minor
or to help them leave the state for an abortion without their
parents’ knowledge and consent. Anyone convicted will face two to
five years in prison and could also be sued by the minor’s parent or
guardian. A parent who raped their child will not be able to sue,
though the criminal penalties for anyone who helped the minor obtain
an abortion will remain in effect.
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