Idaho’s “abortion trafficking” law can largely be enforced through litigation, the court ruled

Home » News » Idaho’s “abortion trafficking” law can largely be enforced through litigation, the court ruled

BOISE, Idaho (AP) — A federal appeals court ruled Dec. 2 that most of Idaho’s first laws making it illegal to help minors get an abortion without their parents’ consent can go into effect amid a legal challenge to their constitutionality continues.

The 9th U.S. Circuit Court of Appeals decision said the law’s prohibition on assisting a minor to have an abortion by sheltering and transporting her with the intent of concealing the procedure from her parents was likely constitutional and could be enforced.

However, part of the law remains blocked. The court found that the law’s ban on “recruiting” pregnant girls violated the First Amendment. This means that, for now, prosecutors cannot charge a person with “recruiting” or influencing a minor to have an abortion.

“Encouragement, advice, and emotional support are clearly protected expressions,” the court wrote, even when those expressions occur “in the context of the decision to have an abortion.”

The ruling largely reverses U.S. Judge Debora K. Grasham’s decision, which blocked enforcement of the law after opponents sued the state in the summer of 2023.

Abortion is banned in Idaho at all stages of pregnancy, and the law passed in 2023 is intended to prevent underage girls from having abortions in states where the procedure is legal unless they have their parents’ permission.

Proponents of the law call it a “ban on the abortion trade.” Opponents say it is an unconstitutional ban on interstate travel and the right to free speech. Both sides called Monday’s ruling a victory.

“This decision is a significant victory for the plaintiffs because it gives Idahoans the freedom to discuss abortion health care with pregnant minors,” said Wendy Heipt, an attorney for the plaintiffs, in an emailed statement Monday.

She said the plaintiffs, which include several advocacy groups, are also considering their appeal options.

Idaho Attorney General Raúl Labrador called the ruling a victory for the state in an emailed statement.

“Idaho’s laws were specifically enacted 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 at great risk, and we will not stop protecting life in Idaho.”

The law makes it illegal to obtain abortion pills for a minor or assist her in leaving the state for an abortion without her parents’ knowledge and consent. Anyone convicted faces a prison sentence of two to five years and can also be sued by the girl’s parents or guardian. A father who raped his child cannot sue, but criminal penalties remain for anyone who helped the minor get an abortion.

The Free Speech Center newsletter provides a biweekly summary of the First Amendment and news from the media. Subscribe for free here: https://bit.ly/3kG9uiJ