Idaho's Legislature passed a bill banning abortions after six weeks of gestation Monday. This makes Idaho the first state to adopt legislation similar to , a Texas law which is the most restrictive in America.
The Republican-backed measure was passed by the state House in a 51-14 vote. It was passed earlier this month by the Senate.
This bill was inspired in part by the Texas law which allows private citizens to sue abortion providers and others who help women obtain abortions after fetal heart activity is detected. It was passed around six weeks into the pregnancy.
There are differences between the Idaho bill, and the Texas statute.
The Idaho measure is more narrow. It would allow potential fathers, grandparents, siblings and aunts, uncles, of "preborn children" to sue abortion providers for at least $20,000 in damages within the first four years after an abortion. Texas law permits any citizen to file suit, and a judge may award $10,000.
The Idaho bill could see a doctor sentenced to two to five years imprisonment if convicted for "criminal abortion." Civil lawsuits against providers of abortion would be permitted within 30 days of its enactment.
The Idaho bill, unlike the Texas law has exceptions for incest and rape.
Now, the bill is headed to the desk for Republican Governor. Brad Little signed a -related measure into legislation last year. However, the law's implementation is dependent on a federal appels court upholding an identical ban from another state. This ruling would also affect the criminal penalty provision in the bill being sent back to the governor's desk, if it's passed into law.
Marissa Morrison, a spokesperson, stated Monday that Little had not seen the bill and does not comment on any pending legislation.
Idaho legislators argue that it is unconstitutional. They point out that many women don't know they are pregnant until six weeks.
Jennifer M. Allen, CEO of Planned Parenthood Alliance Advocates (a non-profit group based in Idaho), urged Little not to oppose the measure.
"Gov. She said that Gov.
Many Republican legislators in various states have introduced legislation that is modeled after the Texas law. The Idaho bill was the first to pass through a state legislature.
The Texas law was approved by the U.S. Supreme Court last year. This allowed only one challenge to be brought. The Texas Supreme Court declared against abortion clinics last week. This effectively allowed the law to continue in place pending any legal challenges.
The number of abortions in Texas has declined dramatically since the Texas law was passed. Researchers also found that the number Texas women who visit clinics in neighboring states or go online to order abortion pills by mail have increased sharply.
The Supreme Court is weighing whether should uphold a Mississippi law which would ban nearly all abortions after 15 week of pregnancy. This is the biggest challenge to Roe v. Wade for almost three decades.
The majority of court's conservative justices expressed their willingness to abandon the court's old standard which prevented states from banning abortions before a fetus is viable. This was generally at 24 weeks after a pregnancy.
