BOISE, Idaho — State lawmakers on Monday shot down legislation modeled after a recent Texas law that allowed people to sue abortion providers for procedures after a fetal heartbeat was detected.
The Idaho proposal would’ve allowed only family members to sue abortion providers for damages if they perform an abortion after five or six weeks of pregnancy — when a fetal heartbeat typically can be detected. A motion to introduce the bill in a legislative committee failed on a tie vote.
Sen. Abby Lee, a Fruitland Republican, said she supports legislation to oppose abortions but believes this proposal would have contradicted laws related to child welfare, custody and probate.
“I think we’re early enough in the session that we need to get this right,” Lee said, “that this is not about just modeling legislation to put something on the books.”
Idaho’s 2021 ”fetal heartbeat” law prohibited abortions after five or six weeks of pregnancy, except in medical emergencies or in cases of rape or incest. The bill has a trigger and becomes law only if a federal appeals court rules in favor of a similar measure.
Last year, Texas passed a law that outlawed abortions after six weeks and granted private parties the ability to sue abortion providers or anyone else they suspect is “aiding and abetting” abortions after the six-week period. So far, the law has survived multiple court challenges.
“Needless to say, the pro-life community is incredibly excited about this winning strategy,” said Blaine Conzatti, president of the Idaho Family Policy Center, which advanced the legislation.
The Idaho proposal differed from the Texas law. It extended cause of action against abortion providers only to family members and it did not create a cause of action to sue someone who aids or abets an abortion, Conzatti told the Senate State Affairs Committee on Monday.
Both Democrats and two Republicans on the committee opposed the bill, resulting in a 4-4 vote. In the Idaho Legislature, proposed legislation must have majority support from a committee before it becomes a bill.
Sen. Mark Harris, a Soda Springs Republican, also voted against the proposal.
Mistie DelliCarpini-Tolman, Idaho state director of Planned Parenthood Alliance Advocates, said the vote proves “that extreme abortion bans are unpopular and unwanted in Idaho.”
“While we are relieved that the Senate State Affairs Committee did not advance this cruel bill that would have run contrary to the rule of law in this state, we know this fight is not over,” DelliCarpini-Tolman said. “Extremists will stop at nothing to eliminate abortion and make an end-run around Roe v. Wade, which remains the law of the land.”
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