Idaho Republicans pass bill restricting out-of-state travel for minors seeking abortion care

A bill proposed in Idaho that would make it a felony to help a minor seeking abortion care out of state has passed in the state House and is likely to pass in the Senate.

H.B. 242 states, “An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion … or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking.” The bill would make the crime of abortion trafficking a felony that would be punishable by between two and five years in prison.

The legislation does not specifically name traveling out of state as part of that definition, but one legal expert and the bill’s co-sponsor believe it will criminalize anyone helping children receive abortion care outside the state.

“Technically, they’re not criminalizing people driving in Washington state with a minor. The crime is the time that someone is driving the minor in Idaho,” Drexel University law professor David Cohen told HuffPost.

“They’re going to say what they’re doing is just criminalizing actions that take place completely within Idaho, but in practice what they’re criminalizing is the person helping the minor,” said Cohen, whose work focuses on constitutional law, gender issues, and reproductive rights.

Idaho already has some of the most restrictive abortion laws in the nation, with a trigger law that bans all abortions and deems it a felony for health care providers to perform the procedure that went into effect in 2022.

The law includes exceptions in cases of rape or incest, but pregnant people in Idaho are required to file a police report and provide it to a doctor before terminating a pregnancy, ABC News reported.

State Rep. Barbara Ehardt (R), a co-sponsor of H.B. 242, told HuffPost the bill’s purpose is to prevent minors from traveling outside Idaho for abortions without the consent of a parent: “It’s already illegal to get an abortion here in the state of Idaho. So, it would be taking that child across the border, and if that happens without the permission of the parent, that’s where we’ll be able to hold accountable those that would subvert a parent’s right.”

This week, Planned Parenthood Action Fund tweeted about the bill: “Imagine receiving a prison sentence for helping a young family member in need travel out of state to get an abortion. Anti-abortion politicians in ID are about to make this a reality. Tell ID legislators to oppose this cruel bill.”

If the bill is approved by the Senate it will then head to Republican Gov. Brad Little’s desk for signature.

Idaho borders four states where abortion remains legal: California, Washington, Montana, and Oregon. The Hill reported that in early 2023, the Oregon Department of Justice and local law firms had established a legal helpline for people seeking abortion care, specifically citing the situation in Idaho.

Oregon Attorney General Ellen Rosenblum said in a statement reported by The Hill: “Even in a state like ours, where abortion is legal, confusion and fear has ensued since the U.S. Supreme Court struck down the constitutional right to obtain an abortion last June. … This [hotline] is especially important because we share a border with Idaho, which has a near-total abortion ban.”

In mid-March, an Idaho hospital stopped all “obstetrical services” due to the state’s “legal and political climate.”

“Highly respected, talented physicians are leaving. Recruiting replacements will be extraordinarily difficult,” read a press release from Bonner General Hospital. “In addition, the Idaho Legislature continues to introduce and pass bills that criminalize physicians for medical care nationally recognized as the standard of care. Consequences for Idaho Physicians providing the standard of care may include civil litigation and criminal prosecution, leading to jail time or fines,”

“The closure of obstetrics will not be an easy transition for our Bonner General Health teams or our community and surrounding area,” it concluded.

Published with permission of The American Independent Foundation.