BOISE, Idaho — A panel of Idaho House members has approved a bill that would ban abortions after six weeks of pregnancy by allowing extended family members of the patient to sue a doctor who performs one.
The House State Affairs Committee voted Wednesday to send the measure to the full House. It has already passed the Senate.
The bill is modeled after a Texas law that the U.S. Supreme Court has allowed to remain in place until a court rules on its merits.
When the bill passed the Senate last week, the bill sponsor, Sen. Patti Anne Lodge (R-Huston), said the measure adds to Idaho's 2021 'fetal heartbeat' abortion ban.
“Senate Bill 1309 updates last year's legislation to include the private enforcement mechanism modeled after the Texas Act,” Lodge told KTVB.
In short, the legislation allows certain family members of a pregnant woman to file a lawsuit against an abortion provider who did an abortion on a woman after the fetus has detectable cardiac activity. Similar to the legislation passed in 2021 banning abortions after a heartbeat is detected, SB 1309 only goes into effect if another state with a similar law has it upheld in court.
Lawmakers went back and forth debating the merits and value of the legislation in the Senate, but ultimately the bill passed on a 28-6-1, party-line vote.
Opponents of the Idaho measure said it’s unconstitutional, and six weeks is before many women know they’re pregnant.
Sen. Michelle Stennett (D-Ketchum) highlighted issues with family members becoming the enforcement of the legislation during the March 3 debate on the Senate floor.
“I'm sorry, I like a lot of my family members, but there are several of them that we don't agree on health care issues, and I wouldn't want them weighing in on what I should be doing with my own personal health care,” Stennett said.
Is Idaho’s law a copy and paste from Texas? No.
Idaho's law does include an exception for rape, incest, and medical emergencies. The legislation in Texas doesn't have that.
Another big difference is that Texas law allows people to sue someone other than the person who performed an abortion, if that person assisted a woman in getting an abortion. For example, in Texas, someone who drove a woman to an abortion clinic can be sued, too. Idaho’s legislation is limited in scope compared to Texas, and only allows a family member to sue the doctor.
After clearing the Senate State Affairs committee Feb. 16, the Idaho Senate March 3 and the House State Affairs Committee Wednesday, the legislation now heads to the full House.
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