By Keith Ridler
Associated Press
Idaho on Wednesday became the first state to enact a Texas-inspired anti-abortion law that bars the voluntary termination of pregnancy after six weeks by allowing lawsuits to be filed that avoid constitutional court challenges.
Republican Gov. Brad Little signed the measure that gives relatives license to sue a doctor who performs an abortion after cardiac activity is detected in an embryo.
Still, he said he was concerned about whether the law was constitutional.
"I stand in solidarity with all Idahoans seeking to protect the lives of premature babies," Little wrote in a letter to Lt. Gov. Janice McGeachin, who is also Senate President.
Idaho Governor Brad Little at a news conference on COVID-19.Getty Images
However, he also noted, "While I support the pro-life policy of this legislation, I fear that the novel civil enforcement mechanism will soon be shown to be both unconstitutional and unwise."
The law in the conservative state is scheduled to take effect 30 days after signing, but challenges are expected in court.
Opponents call it unconstitutional and point out that six weeks is before many women know they are pregnant.
[Texas abortions fell 60% in the first month under the restrictive new law]
Advanced technology can detect the first hint of electrical activity in the cells of an embryo as early as six weeks.
This is not a beating heart;
it is a cardiac activity that will end up becoming a heart.
The embryo is called a fetus from the eighth week of pregnancy, and the heart itself begins to form between the ninth and twelfth week of pregnancy.
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The law allows the father, grandparents, siblings, aunts and uncles of a "preborn child" to sue an abortion provider for a minimum of $20,000 in damages within four years of the abortion.
Rapists cannot sue under the law, but family members of a rapist may.
"The repressive aspect of this bill is absurd," said Idaho Democratic Rep. Lauren Necochea.
"Its impacts are cruel."
A Planned Parenthood official called the law unconstitutional, saying the group was "committed to going the distance and exploring all of our options to restore Idahoans' right to abortion."
[It was a decisive year for the right to abortion in Mexico. But these women are still prosecuted for it]
"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, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, and which operates Idaho's three abortion clinics.
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Supporters of the law have said it is Idaho's best chance to severely restrict abortions in the state after years of trying.
A six-week abortion ban law was passed last year, but it required a favorable federal court ruling in a similar case to go into effect, and that hasn't happened.
The law is modeled after the Texas enactment that the United States Supreme Court has allowed to remain in force until a judicial challenge on its merits is decided.
Texas law allows individuals to enforce the rule instead of state officials who would normally do so.
It also authorizes suing clinics, doctors, and anyone who "aides or abets" unauthorized abortion.
[“We are seeing a lot of desperation”: Latinas denouncing the impact of the Texas abortion law]
Other states are pursuing similar laws, including Tennessee, which introduced a Texas-style abortion bill on Tuesday.
Idaho Republicans have majorities in both the House and Senate.
The measure passed the Senate 28-6 and the House 51-14, with no Democratic support.
Three House Republicans voted against the measure.
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Little on Wednesday signaled concern about the legislation.
“Delegating to private citizens the imposition of large fines for the exercise of an unfavorable but judicially recognized constitutional right, in order to evade judicial review, undermines our constitutional form of government and weakens our collective freedoms,” he wrote.
He said he was concerned that some states might use the same approach to limit gun rights.
[Florida passes law to ban abortions after 15 weeks of pregnancy]
He also noted his concern about the part of the law that allows relatives of a rapist to sue
"Ultimately, this legislation risks re-traumatizing victims by offering monetary incentives to violators and family members of violators," he wrote.
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He concluded the letter by encouraging lawmakers to fix those problems to avoid unintended consequences "to ensure that the state sufficiently protects the interests of victims of sexual assault."
Little faces a challenge in the primaries from the far right as Janice McGeachin, the lieutenant governor, has been endorsed by former President Donald Trump.
Republican Rep. Steven Harris, the bill's sponsor, said in a statement after the March 14 vote, "This bill ensures that the people of Idaho can uphold our values and do everything possible to prevent the destruction of innocent human life.
