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Idaho’s new abortion law: 5 things to know

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BOISE — Idaho Gov. Brad Little has signed a controversial bill that would allow families to sue abortion providers and ban abortions after about six weeks of pregnancy. Here are some questions and answers.

Q: When does the law go into effect?

A: It will go into effect in 30 days after the governor’s signature. Legal challenges are expected, however. In a legal opinion sent to state Sen. Grant Burgoyne, a Boise Democrat who opposed the bill, Idaho Chief Deputy Attorney General Brian Kane said the legislation would likely violate the U.S. Constitution. Opponents call it unconstitutional and note that six weeks is before many women know they’re pregnant.

Q: Is this just like the new law in Texas?

A: While the bill was modeled after a Texas law passed last year, it is different. Texas allows the public to sue anyone who performs or facilitates an abortion. Idaho’s law only allows family members to sue abortion providers, but doubles the $10,000 maximum that Texas plaintiffs can seek. The law allows the father, grandparents, siblings, aunts and uncles of a “preborn child” to each sue an abortion provider for a minimum of $20,000 in damages within four years after the abortion.

Q: Does that mean a rapist could sue his victim if she became pregnant and chose abortion?

A: The civil penalty portion of the law would bar perpetrators of rape or incest from suing abortion providers but would allow the perpetrators’ families to sue. That’s because the measure allows people who would have been family members to sue a doctor who performs an abortion after cardiac activity is detected in an embryo. Democrats had expressed fierce opposition and concerns over this provision.

Q: Which abortion providers are affected?

A: Idaho has only four abortion providers, three of which are Planned Parenthood facilities. All of the providers are in southern Idaho. “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,” said Rebecca Gibron of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky.

The ban won’t just impact those in Idaho, who may now need to travel for care. According to Christel Allen, executive director of Pro-Choice Oregon, people in Eastern Oregon who go to Boise for healthcare will also lose access to care.

Q: Is this an entirely new law?

A: The law actually 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. That abortion ban law required a favorable federal court ruling in a similar case to take effect, and that hasn’t happened. The newly passed law is not subject to a court decision.

Little, who is 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 bill largely passed through the Legislature along party lines and with dozens of Republicans co-sponsoring the legislation.

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 23 weeks of pregnancy.

–The Associated Press and Idaho Statesman via Tribune News Service contributed to this report.

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