Little signs law allowing families to sue abortion providers

BOISE — Idaho Gov. Brad Little on Wednesday signed a controversial bill that would allow families to sue abortion providers.

The bill was modeled after a Texas law passed last year that allows the public to sue anyone who performs or facilitates an abortion. Idaho’s is slightly different — it allows only family to sue abortion providers, but doubles the $10,000 maximum that Texas plaintiffs can seek.

Little, who’s running for reelection this year, said in his transmittal letter that he’s committed to fighting abortions. But he said he worries the bill is both unconstitutional and creates “unintended consequences” that affect sexual assault survivors. He urged lawmakers to fix parts of the bill.

“I remain committed to protecting the lives of pre-born babies and strongly encourage the Legislature to promptly rectify any unintended consequences with this legislation to ensure the state sufficiently protects the interests of victims of sexual assault,” Little said in his transmittal letter.

The law amends last year’s “fetal heartbeat bill,” which would make it illegal to perform abortions after around six weeks of pregnancy, before many women know they’re pregnant. Lawmakers have said that’s typically when a fetal heartbeat is detected, though specialized physicians have argued the “heartbeat” is more accurately described as electrical activity.

Idaho’s newly passed law will go into effect 30 days after the governor’s signature and is not subject to a court decision. Last year’s bill contains a “trigger” to only go into effect if a federal appeals court upholds a similar law.

This year’s bill largely passed through the Legislature along party lines and with dozens of Republicans co-sponsoring the legislation. Democrats expressed fierce opposition and concerns over the civil penalty, which would bar perpetrators of rape or incest from suing abortion providers but would allow the perpetrators’ families to sue.

Little in his letter said he appreciates the exception made for victims of rape and incest, but acknowledged the challenges in obtaining a police report — which renders the exception “meaningless for many,” he said.

“I am particularly concerned for those vulnerable women and children who lack the capacity or familial support to report incest and sexual assault,” Little said in his letter. “Ultimately, this legislation risks re-traumatizing victims by affording monetary (incentives) to wrongdoers and family members of rapists.”

Little also said he worries the civil enforcement mechanism will be proven “unconstitutional and unwise.” In a legal opinion sent to Sen. Grant Burgoyne, D-Boise, who opposed the bill, Idaho Chief Deputy Attorney General Brian Kane said the legislation would likely violate the U.S. Constitution.

Idaho’s bill has garnered national attention. The White House issued a statement Wednesday calling the law unconstitutional and unacceptable.

“This development is devastating for women in Idaho, as it will further impede women’s access to health care, especially those on low incomes and living in rural communities,” White House Press Secretary Jen Psaki said.

“The Biden-Harris Administration will continue to stand with women and support their right to make their own health care decisions, a constitutional right that Roe v. Wade reaffirmed nearly five decades ago. And the president again calls on Congress to act and send a bill to his desk to shut down these radical steps.”

Supporters, opponents react to abortion law

The Idaho Family Policy Center, which helped create the Texas-inspired bill, said in a statement that it was celebrating Little’s decision. Blaine Conzatti, the organization’s president, said abortions have dropped drastically in Texas, and he hopes to see similar results in Idaho.

“In less than one month, pre-born babies with beating hearts will receive equal protection of the law,” Conzatti said in the statement. “For the first time in nearly 50 years, nearly all pre-born children in Idaho will have a chance to live their lives.”

Shortly after Little signed the bill, abortion access advocates including NARAL Pro-Choice America and Planned Parenthood condemned the legislation. Rebecca Gibron — interim CEO for Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky — encouraged patients to continue to reach out to local Planned Parenthood health centers for resources and information on how to access care.

“This bill is blatantly unconstitutional, and we are committed to going to every length and exploring all our options to restore Idahoans’ right to abortion,” Gibron said in a statement. “I want to emphasize to everyone in Idaho that our doors remain open. We remain committed to helping our patients access the health care they need, including abortion.”

Opponents gathered over the weekend to urge Little to veto the bill, arguing that it restricted abortion access altogether and denied rights granted by Roe v. Wade, the 1970s Supreme Court case that protected access to abortion until a fetus is viable outside the womb — typically around 24 weeks of pregnancy.

Idaho has only four abortion providers, three of which are Planned Parenthood facilities. All of the providers are in southern Idaho.