Abortion in Idaho

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Abortion in Idaho is illegal from fertilization. [1] [2] Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. [3] The ban allows exceptions for maternal health, rape and incest within the first trimester. [3] The law took effect on August 25, 2022. [2] Minors need parental consent to travel out of state for an abortion. [4]

Contents

Some state leaders, including former Lt. Gov. Janice McGeachin "are calling for even stricter laws, including eliminating the exceptions for rape, incest and the life of the mother and pushing to classify abortion as felony murder." [3]

History

Legislative history

By 1950, the state legislature passed a law stating that a woman who had an abortion or actively sought to have an abortion regardless of whether she went through with it were guilty of a criminal offense. [5]

The state passed a law in the 2000s banning abortions after 22 weeks because they alleged that fetus can feel pain. [6] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [7] In the informed consent materials given to women in Idaho, Oklahoma, South Dakota and Texas required by statute, the materials used graphic and inflammatory language. [8] Idaho was the only state of 23 with detailed informed consent requirements by statute that did not require the woman be told how far advanced her pregnancy was. [8] Georgia, Michigan, Arkansas and Idaho all required in 2007 that women must be provided by an abortion clinic with the option to view an image of their fetus if an ultrasound is used prior to the abortion taking place. [8] As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the United States Supreme Court in 1973 with the Roe v. Wade ruling. [9] On March 24, 2020, Governor Brad Little signed into law S1385, which is a trigger law stating that if and when states are again allowed to ban abortion on their own authority then abortion would be illegal in Idaho except for cases of the life of the mother, rape or incest. [10] [11] [12]

Judicial history

The United States Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [5] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [13] [14]

On January 5, 2023, the Idaho Supreme Court ruled that the Idaho Constitution does not confer a right to an abortion, rejecting a challenge to the states' abortion laws by Planned Parenthood. [15]

On September 12, 2023, four women filed a lawsuit against Idaho over the state's abortion ban, stating that they were denied abortions despite having dangerous pregnancy complications. [16] One of the women represented in the lawsuit, whose fetus was diagnosed with a fatal anomaly, gave birth prematurely in a hotel bathroom after traveling to Portland, Oregon for an abortion after being denied an abortion in Idaho. [17] A physician in Boise also reported that several patients experiencing severe pregnancy complications at the hospital where he works had to be airlifted out of state to receive care. [18]

On December 2, 2024, the Ninth Circuit Court of Appeals ruled that Idaho can enforce its prohibition against minors traveling out of state for abortions without parental consent. [4]

Clinic history

Number of abortion clinics in Idaho by year Number of abortion clinics in Idaho by year.png
Number of abortion clinics in Idaho by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by six, going from fifteen in 1982 to nine in 1992. [19] In 2014, there were three abortion clinics in the state. [20] In 2014, 95% of the counties in the state did not have an abortion clinic. That year, 68% of women in the state aged 15–44 lived in a county without an abortion clinic. [21] In 2017, there were three Planned Parenthood clinics, all of which offered abortion services, in a state with a population of 365,502 women aged 15–49. [22]

Emerg-A-Care in Jackson Hole, Wyoming, also served women from Eastern Idaho in 2017. [23]

Statistics

In the period between 1972 and 1974, there was only no recorded illegal abortion death in the state.[ clarification needed ] [24] In 1990, 106,000 women in the state faced the risk of an unintended pregnancy. [19] The lowest number of legal induced abortions by state in 2000 occurred in Idaho with 801, while South Dakota was second with 878, and North Dakota was third with 1,341. [25] Idaho had the fewest induced abortions in 2001 with 738, while South Dakota was second with 895, and North Dakota was third with 1,216. Idaho had the lowest induced abortion to live birth ratio at 36 per 1,000 live births while New York City had the highest at 767. Based on the ratio of number of women aged 15–44 years, Idaho had the lowest rate of induced abortions at 3 per 1,000 women while the District of Columbia had the highest at 37 per 1,000. [26] In 2003, the state of South Dakota had the lowest number of legal induced abortions with 819. Idaho was second with 911, while North Dakota was third with 1,354. Idaho had the lowest ratio of induced abortions to live births at 42 per 1,000 in 2003 while New York City had the highest at 758 to 1,000. [27] In 2010, the state had zero publicly funded abortions. [28] In 2013, among white women aged 15–19, there were 170 abortions, zero abortions for black women aged 15–19, 40 abortions for Hispanic women aged 15–19, and 20 abortions for women of all other races. [29] In 2014, 49% of adults said in a poll by the Pew Research Center that abortion should be illegal in all or most cases vs. 45% believing it should be legal. [30] In 2017, the state had an infant mortality rate of 4.6 deaths per 1,000 live births. [31]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [32]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Mountain69,60063,39067,0202117.918.6–12
Arizona20,60018,12019,31024.119.119.8–18
Colorado19,88015,69018,31023.61820.9–12
Idaho1,7101,5001,6007.25.86.1–15
Montana3,3003,0102,90018.216.215.6–14
Nevada13,30015,60015,45044.246.744.61
New Mexico6,4105,4505,47017.714.414.4–19
Utah3,9403,7403,7009.38.17.8–16
Wyoming4602802804.32.72.7–37
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by
out-of-state residents		YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Idaho1,7107.21992 [32]
Idaho1,5005.81995 [32]
Idaho1,6006.11996 [32]
Idaho1,7675.6771,3534.3595.22014 [33]
Idaho1,6955.3741,2724564.62015 [34]
Idaho1,7255.4771,2894.0573.42016 [35]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [36] [37]

Following the leak of the overturn of Roe v. Wade on May 2, 2022, an abortion rights protest was held in Boise, Idaho. [38] On November 10, 2022, two abortion rights protesters who were present at the Boise, Idaho protests filed tort claims against the city, alleging that they were falsely arrested and imprisoned in violation of constitutional rights to peacefully assemble. [39]

Following the overturn of Roe v. Wade on June 24, 2022, an abortion rights protest was held in Boise, Idaho outside city hall. [40]

Anti-abortion views and activities

The Boise March for Life is an anti-abortion march that took place every January on the weekend anniversary of Roe v. Wade , with a rally following. It is unclear whether it will still take place now that the Supreme Court has overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) in 2022. [13] [14]

Violence

Shelley Shannon attempted to set fires at abortion clinics in Oregon, California, Idaho and Nevada during the late 1980s and early 1990s and eventually pleaded guilty to these cases of arson. In 1993, she was found guilty of attempted murder of Dr. George Tiller in 1993 at his Wichita, Kansas clinic. [41]

Footnotes

    Related Research Articles

    Abortion in Louisiana is illegal as of August 1, 2022.

    Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

    Abortion in Delaware is legal up to the point of fetal viability. As of June 2024, Civiqs polling found that 72% of Delawareans believed that abortion should be legal in all or most cases, while 23% believed it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

    Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

    Abortion in Hawaii is legal. 66% of adults in Hawaii said in a 2014 poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 79% of people from Hawaii said that abortion should be legal in all or most cases. Hawaii began allowing abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

    Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the fact that a fetus can feel pain after that point in the pregnancy. In July 2024, the Kansas Supreme Court struck down two abortion restrictions.

    Abortion is illegal in Kentucky, except to save a pregnant woman’s life or to prevent disabling injury.

    Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.

    Abortion in Nebraska is mostly illegal after the 12th week of pregnancy.

    Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the mother. 62% of adults said in a 2014 poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Nevadans said that abortion should be legal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights in the state, continued access to abortion is supported by all parties, including the Republicans.

    Abortion in North Dakota is technically legal, but with no current providers. The state's sole abortion clinic, the Red River Women's Clinic, relocated to Minnesota.

    Abortion in Oregon is legal at all stages of pregnancy. The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights.

    Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

    Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

    Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Vermonters said that abortion should be legal in all or most cases. The state funds abortions deemed medically necessary for low-income women via Medicaid.

    Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

    Abortion in West Virginia is illegal except in cases of rape or incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

    Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

    Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

    Abortion in Wyoming is legal up to fetal viability. A temporary court injunction was filed against an attempted near total abortion ban in 2023, and a Wyoming judge struck down the abortion ban in 2024.

    References

    1. ↑ "SENATE BILL 1385 – Idaho State Legislature". Archived from the original on June 12, 2024. Retrieved August 27, 2024.
    2. 1 2 Kim, Juliana (August 22, 2022). "3 more states are poised to enact abortion trigger bans this week". NPR.
    3. 1 2 3 Blumenthal, Paul (June 14, 2022). "These States Will Ban Abortion Now That Roe Is Overturned". HuffPost. Retrieved June 24, 2022.
    4. 1 2 Vagianos, Alanna (December 3, 2024). "Court Rules Idaho Can Enforce Ban On Interstate Abortion Travel". HuffPost. Retrieved December 3, 2024.
    5. 1 2 Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
    6. ↑ Times, The New York. "Abortion Restrictions in States". archive.nytimes.com. Retrieved May 25, 2019.
    7. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
    8. 1 2 3 "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. November 12, 2007. Retrieved May 22, 2019.
    9. ↑ Lai, K. K. Rebecca (May 15, 2019). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN   0362-4331 . Retrieved May 24, 2019.
    10. ↑ "'Trigger law' to ban abortion passes Senate". March 12, 2020.
    11. ↑ "Idaho governor signs bill outlawing abortion if Roe v. Wade is reversed".
    12. ↑ "Senate Bill S1385 2020 Session".
    13. 1 2 de Vogue, Ariane (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
    14. 1 2 Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
    15. ↑ Mosely-Morris, Kelcie (January 5, 2023). "Idaho Supreme Court upholds abortion ban, civil enforcement law". Idaho Capital Sun. Retrieved January 3, 2023.
    16. ↑ El-Bawab, Nadine (September 12, 2023). "Women, doctors announce legal action against abortion bans in 3 states". ABC News. Retrieved September 12, 2023.
    17. ↑ Diaz, Adrianna (October 31, 2023). ""Hopeless and frustrated": Idaho's abortion ban is driving OB/GYNs out of the state". CBS News. Retrieved October 31, 2023.
    18. ↑ Harris, Bracey (April 25, 2024). "Why Idaho's hospitals are having pregnant patients airlifted out of state". NBC News. Retrieved April 25, 2024.
    19. 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN   9780788174810.
    20. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
    21. ↑ "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). August 4, 2018. Archived from the original on May 24, 2019. Retrieved May 24, 2019.
    22. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved May 23, 2019.
    23. ↑ McCann, Allison (May 23, 2017). "Seven states have only one remaining abortion clinic. We talked to the people keeping them open". Vice News. Retrieved May 23, 2019.
    24. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
    25. ↑ "Abortion Surveillance --- United States, 2000". CDC. Retrieved May 25, 2019.
    26. ↑ "Abortion Surveillance --- United States, 2001". CDC. Retrieved May 25, 2019.
    27. ↑ "Abortion Surveillance --- United States, 2003". www.cdc.gov. Retrieved May 25, 2019.
    28. ↑ "Guttmacher Data Center". Guttmacher. Retrieved May 24, 2019.
    29. ↑ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
    30. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
    31. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. May 24, 2019. Retrieved May 25, 2019.
    32. 1 2 3 4 Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
    33. ↑ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN   1546-0738. PMC   6289084 . PMID   29166366.
    34. ↑ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN   1546-0738. PMC   6289084 . PMID   30462632.
    35. ↑ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi: 10.15585/mmwr.ss6811a1 . ISSN   1546-0738. PMC   6289084 . PMID   31774741.
    36. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
    37. ↑ "Abortion ban opponents rally at Statehouse". KIVI. May 21, 2019. Retrieved July 29, 2022.
    38. ↑ Stevenson, Ian Max (May 4, 2022). "'Beginning of an erosion of rights': Protesters rally at Idaho Capitol over abortion news". Idaho Statesman. Retrieved February 20, 2024.
    39. ↑ Moseley-Morris, Kelcie (November 30, 2022). "Two abortion rights protesters file tort claims against Boise city, police over arrests". Idaho Capital Sun. Retrieved December 2, 2022.
    40. ↑ "People protest Roe v. Wade decision at Boise City Hall". Idaho News 6. June 24, 2022. Retrieved February 20, 2024.
    41. ↑ Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
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