Bill making abortion a murder won’t see a future

BOISE — The Senate State Affairs Committee on Wednesday heard a bill that would eliminate exceptions for rape and incest in Idaho’s abortion ban, and allow homicide and battery charges for the death or damage of a fetus or embryo.

The committee voted to introduce the bill, which normally would allow it to return for a full hearing, but committee chairperson Sen. Jim Guthrie, R-McCammon, said the bill will not move forward.

Sen. Brandon Shippy, R-New Plymouth, presented the bill, called the “Idaho Prenatal Equal Protection Act,” which would amend several sections of Idaho criminal code, and add the legal personhood “at the moment of fertilization.”

The bill adds a new section to Idaho’s laws around homicide, adding that enforcement would be the same for the death of a fetus as it would for a “human being who had been born alive.” It would not apply to “unintentional” deaths of fetuses from a “spontaneous miscarriage” or in attempting to save the life of the mother “when accompanied by reasonable steps, if available, to save the life of her preborn child.”

It amends Idaho’s aggravated battery and homicide laws, removing current exceptions for the minimal abortions authorized by law, and for incidents during medical treatment to women who are pregnant. It also removes the definition of “embryo” or “fetus” to mean “any human in utero,” which means the bill would likely apply to embryos stored in petri dishes, such as those used for in vitro fertilization (IVF) procedures.

Lawmakers in Idaho reached an impasse during the 2024 session on drafting legislation to protect IVF treatment in the state, the Idaho Capitol Sun reported; GOP lawmakers signed a letter saying IVF was not in jeopardy, while Democrats called for a bill but said they could not get a hearing despite efforts in coordination with some GOP legislators.

“After diligent inquiry, we have concluded there is no statutory obstacle to the continued offering of this important option to Idaho families,” the letter said. “In addition, we have reviewed pertinent case law from Idaho and federal courts to reach the conclusion there are no relevant court precedents which could foreseeably pose a challenge to the continued provision of IVF treatments in Idaho.”

Idaho’s felony abortion ban includes narrow exceptions for cases of rape and incest during the first trimester and with a police report. Questions about the effect the bill would have on the state’s few exemptions arose at Wednesday’s hearing.

Senate Assistant Minority Leader James Ruchti, D-Pocatello, asked about the bill’s consequences for miscarriage and victims of rape.

“This bill would authorize the government through its police investigatory powers to investigate whether a woman’s alleged miscarriage was actually an abortion?” Ruchti asked.

Shippy answered, “I suppose that is possible.”

Ruchti then followed up, “Is it your intention to require victims of rape and incest, even children as young as 12, to carry a pregnancy to term under this legislation?”

Shippy replied, “A baby conceived in rape is still a human being equal to you and me.”

A move to introduce the bill resulted in a lengthy back-and-forth between senators, with several Republican committee members voicing concerns and reservations about the bill.

Guthrie said the issue regarding abortion and possible exceptions was complicated.

“I mean it ranges across the spectrum,” Guthrie said. “People can say they’re pro-life and fit somewhere on the spectrum. Not everybody’s hardwired at the same place.”

The idea of fetal personhood garnered the national spotlight in 2024 when the Alabama Supreme Court ruled that frozen embryos created through in vitro fertilization were children. Last summer, the Idaho GOP added support for fetal personhood as an official pillar of its platform, the Idaho Press previously reported.

Senate President Pro Tempore Kelly Anthon, R-Burley, said despite his party’s anti-abortion stance, the proposed bill goes too far to be accepted by the majority.

“Everyone in the Idaho State Senate Republican Party is pro-life,” Anthon said. “That’s hard to always say in black-and-white terms what that means. The majority of the caucus would not share the belief that the legislation before us is the proper approach, and I think Sen. Shippy understands that.”

Despite this, the committee voted along party lines to introduce the bill.

Guthrie said the bill would not receive a full hearing, partly at the request of Idaho Attorney General Raúl Labrador.

“From what I’m hearing, the attorney general suggests that abortion legislation be put on hold for the time being until court cases are adjudicated,” Guthrie said. “I think I would be disingenuous if I didn’t clearly communicate to those that are here today … the bill will not get a hearing, and I’ve talked to Senator Shippy about that.”

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.