Because Freedom Can't Protect Itself

Reproductive Freedom

Parental Consent – Again in the 2007 Legislative Session, parental consent legislation was introduced (the previous parental consent statute is currently under review by the courts and not operable at this time). This year, Senate Bill 1082 requires that an unemancipated minor secure the consent of a parent before she can obtain an abortion, or in the alternative, the young woman must petition the court for a waiver. There are a few exceptions to this rule, including when a young woman is pregnant as a result of rape or incest, or if an abortion is medically necessary.  This year’s version also addresses the privacy concern and requires that judicial bypass court documents be sealed and that the hearing be closed to the public.  While SB 1082 is an improvement, we remain opposed to the idea because it puts the lives and health of young women at risk.  SB 1082 passed the Senate and will be debated on the floor of the House next week.  SB 1082 is likely to pass the House easily so we are now working to train attorneys to help young women through the judicial bypass process. 

Anti-coercion bill – Two separate bills were introduced this session making it a crime to coerce a woman to obtain an abortion, regardless of whether or not she actually obtains an abortion. The first version of this bill, HB 161, made it a crime to physically coerce a woman and also made it a crime to threaten to withdraw financial support.  HB 161 further required health care providers and counselors to advise a woman of her rights under this bill.  Many of the provisions of the bill were unconstitutionally vague and placed an undue burden on the health care providers.  The Idaho Attorney General’s office issued an opinion stating these concerns. The bill was rewritten and introduced as HB 225, with a few changes.  This new version deleted the health care providers’ responsibility but the rest remained substantially the same.  The Attorney General continued to have some concerns, as did we.  HB 225 was pulled from a committee agenda and has never been given a hearing.  We will continue to monitor this issue but hope that it will not resurface this session. 

Ultrasound Legislation – HB 248 was introduced towards the end of the 2007 Legislative Session.  HB 248 requires health care providers to offer a woman, about to obtain an abortion, the opportunity to see the ultrasound image of her fetus and also offer her a printout copy of the image. While many doctors already do this, they are in the best position to determine whether this is a wise thing to offer.  Many women who obtain abortions do so because they have been victims of rape or incest, or because they are carrying a fetus with some sort of abnormality that would not allow for viability out of the womb. In these situations it may be cruel to even offer this opportunity to the women.  We of course, support the right of a woman to view the ultrasound, but we do not support a requirement that physicians make this offer.  HB 248 passed the House and will be debated on the Senate floor soon. 

Emergency Contraception – In 2006 we wrote Governor Kempthorne, urging him to adopt protocols for treating sexual assault survivors that ensure access to emergency contraception.   

Biased Counseling – In 2004 and 2005 we successfully opposed state legislation that would have mandated biased counseling and placed additional burdens on a woman’s right to terminate a pregnancy