Idaho Senate Passes Bill That Would Bar Abortion After About 6 Weeks

It's among the first pieces of legislation to copy the controversial Texas law that has effectively outlawed abortion for most pregnant people in the state.
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The Idaho Senate on Thursday passed a bill that would ban abortions after about six weeks of pregnancy, making it among the first pieces of legislation to copy a controversial Texas law that has effectively banned the medical procedure.

If the measure passes Idaho’s GOP-led House and is signed by Republican Gov. Brad Little, it could go into effect by April. 

The vote Thursday was 28-6, along party lines.

The Idaho bill’s enforcement provisions are more limited than those in Texas, but they would still deputize family members to enforce it. A pregnant person’s parents, grandparents or siblings, as well as whoever impregnated the person, could sue the abortion provider and receive $20,000 in damages.

It’s the second time Idaho has attempted to ban abortion after about six weeks, when many women don’t yet know they’re pregnant. The state passed a separate “fetal heartbeat” bill in 2021, but it has a so-called trigger clause and will only become law if a federal appeals court rules in favor of a similar piece of legislation in another state.

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If the measure passes Idaho’s GOP-led House and is signed by Republican Gov. Brad Little, the new law could go into effect by April.
AaronP/Bauer-Griffin via Getty Images

The latest measure, SB 1309, includes exceptions for rape or incest, although women would be required to file a police report and provide it to a physician.

Critics of the bill pointed out that Idaho’s Republican lawmakers lambasted government overreach when it came to the COVID-19 pandemic but were more than willing to limit Idahoans’ access to reproductive health care. 

“I find it pretty surprising that in some instances we want to make sure that we [don’t] have a government overreach … on vaccinations and masks and all kinds of things, but somehow it’s OK to do it here,” Idaho Senate Minority Leader Michelle Stennett said before the vote, according to the Idaho Capital Sun.

Abortion rights groups have vowed to sue if the measure is signed into law.

“Idaho is trying to be the next Texas,” Planned Parenthood Action wrote Thursday on Twitter. “The Idaho Senate has passed a 6-week abortion ban with a cruel provision similar to Texas: giving $20,000 to family members who sue abortion providers.”

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