Fetal heartbeat bill gets panel endorsement

BOISE — A fetal heartbeat abortion ban bill that’s been invalidated by court challenges elsewhere in the country earned a favorable recommendation Monday from the Senate State Affairs Committee.

Senate Bill 1085, called the “Fetal Heartbeat Preborn Child Protection Act,” was proposed by the Family Policy Alliance of Idaho. It would prohibit abortions once a fetal heartbeat can be detected.

Blaine Conzatti, executive director of the alliance, said a fetal heartbeat can typically be detected around the sixth week of a pregnancy.

That was a major concern for opponents, who said women may not even realize they’re pregnant at that point.

“SB 1085 is a cynical, callous attempt to end abortion in Idaho,” said Mistie Tolman, state director for Planned Parenthood Votes Northwest and Hawaii. “This bill could take away a person’s right to make their own medical decisions before they even know they have a decision to make.”

Jennifer Martinez, speaking on behalf of Add the Words Idaho, said the bill essentially forces women to make a heart-wrenching decision within two weeks of missing a menstrual cycle. It also makes no accommodation for the limitations of Idaho’s health care system.

“Given Idaho’s vast rural geography and shortage of medical providers, it’s already difficult for people to receive the medical care they need,” Martinez said.

Supporters said the ability to detect a fetal heartbeat is an appropriate trigger for determining the viability of an unborn child.

“Life on this Earth ends when the heart stops,” noted Robin Watters, executive director of Lifeline Pregnancy Care Center. “We protect life until the heartbeat stops. Doesn’t it make sense to protect life when the heartbeat starts?”

Conzatti said once a fetal heartbeat is detected, unborn children are more than 90 percent likely to survive to term.

The legislation provides exceptions to the abortion ban in the case of rape or incest, or if the life of the mother is endangered. However, to qualify for the rape or incest exception, a woman must provide court documentation or a law enforcement report to the physician, or have a doctor certify that she was unable for health reasons to report the crime.

Several supporters said they’d rather the bill didn’t allow any exceptions for rape or incest, but felt it would still save lives.

If approved, the measure only takes effect if an appellate court anywhere in the U.S. upholds a fetal heartbeat abortion ban. The intent is to ensure that, if the Idaho law is challenged in court, the state will have at least one affirmative court precedent on which to rely.

Lauren Bramwell with ACLU of Idaho noted that similar bills in other states have all been struck down.

“Not a single one has passed judicial scrutiny,” Bramwell said. “This bill would be an outright ban on abortion for most pregnant women.”

About 30 people testified during a two-hour hearing on the legislation, evenly split between those in favor and those opposed. The committee advanced the measure to the Senate floor on a party-line vote.

Spence may be contacted at bspence@lmtribune.com or (208)-791-9168.