BOISE, Idaho — A major court battle is set for Idaho’s new abortion trafficking law.
Bill sponsor Rep. Barbra Ehardt saw the suit coming – she knows advocacy groups were ready to challenge it. She maintains, its good and legal legislation.
“This legislation is all about parental rights. So, the arguments that they're conjuring up against it really are out in center field, in my opinion,” Ehardt told KTVB Thursday.
Critics, like House Minority Leader. Rep. Ilana Rubel, believe the law is a major stretch. KTVB spoke with Rubel the day the suit was filed, back on July 11.
“This law is so vague, it says that you can't harbor, recruit or transport a minor who is seeking an abortion.," Rubel said. "Well, I have no idea what recruiting or harboring means."
Ehardt believes it's clear.
“I think it's a cop out, because pretty much what's being said here is that you cannot take a child and take them across the border without the parent's permission,” Ehardt said. “I'm reminding people that in any other circumstance we would call this kidnaping, and I don't know what makes people think that they would have the right to take that child someplace else, unbeknownst to the parents. It just simply does not make sense to me.”
Critics of the law believe it goes too far in the sense that it criminalizes free travel across Idaho.
“That is such a stretch. That is, in my opinion, I don't know what else to say, except that's a silly, “ Ehardt said. “It doesn't criminalize travel. It criminalizes the taking of a child without parental permission. That's what it does.”
Ehardt said to be very clear, the law fully allows a family to make the decision to leave Idaho for an abortion, giving several options that just needs to involve parental permission.
“It is all about parental rights. It also doesn't prevent the parents from ceding their authority, say, to a grandpa, aunt or an uncle, or someone to take that child and see that authority to allow them to go get the abortion. That can all be done,” Ehardt said.
Those questioning the law touch on hypothetical situations, like if a minor was sent in an Uber from Boise to Oregon to seek an abortion. Would the Uber driver be on the hook for a two-five year prison sentence?
“The Uber driver has no idea. He's not the one that's going to be held responsible. It's those who arranged to send the Uber driver," Ehardt said. "I mean, let's be honest, those who are behind the crime are the ones that will be responsible, if there's any question about that. I guarantee it, we'll fix it next year. In my mind, there's no question the Uber driver is not responsible, but those who arranged for it would be."
Ehardt said she knows the new law is frustrating to the operations of the groups who filed the lawsuit.
“I know this is upsetting to them because that's really changing their practice and what they're able to do, and it's designed that way. Idaho is a state that values life, have those conversations with the parents,” Ehardt said. “They're not going to want to have that child carry another child. I get it. So, have that conversation with those who want to have the conversation.”
The law, to Ehardt, falls in line with other Idaho parental rights concepts.
“It's another parental rights piece of legislation, and it just baffles me that anyone would think that somehow they would have the power outside of the consent of the parents to be able to take a child, get an abortion. That's just absolutely absurd," Ehardt said. "We should put our foot down strongly and make it very clear that they don't have the authority to do this. And if they do, the consequences of this are pretty heavy, you know, two-five years in prison."
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