Abortion in Idaho

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.

The state passed a law in the 2000s banning abortions after 22 weeks because they alleged that fetus can feel pain.{{Cite web|url=https://archive.nytimes.com/www.nytimes.com/interactive/2013/06/18/us/politics/abortion-restrictions.html|title=Abortion Restrictions in States|last=Times|first=The New York|website=archive.nytimes.com|access-date=2019-05-25}} The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.{{Cite web|url=https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf|title=State Policy On Informed Consent for Abortion|date=Fall 2007|website=Guttmacher Policy Review|access-date=May 22, 2019}} 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.{{Cite web|url=https://www.guttmacher.org/gpr/2007/11/state-abortion-counseling-policies-and-fundamental-principles-informed-consent|title=State Abortion Counseling Policies and the Fundamental Principles of Informed Consent|date=2007-11-12|website=Guttmacher Institute|access-date=2019-05-22}} 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. 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. 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.{{Cite news|url=https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html,%20https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html|title=Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year|last=Lai|first=K. K. Rebecca|date=2019-05-15|work=The New York Times|access-date=2019-05-24|issn=0362-4331}} 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.{{Cite web|title='Trigger law' to ban abortion passes Senate |date=March 12, 2020 |url=https://www.postregister.com/news/government/trigger-law-to-ban-abortion-passes-senate/article_767eee99-a833-5aaa-a912-4be82b0d2928.html}}{{Cite web|url=https://www.spokesman.com/stories/2020/mar/27/idaho-governor-signs-bill-outlawing-abortion-if-ro/|title=Idaho governor signs bill outlawing abortion if Roe v. Wade is reversed | The Spokesman-Review|website=www.spokesman.com|date=March 27, 2020 }}{{Cite web|url=https://legislature.idaho.gov/sessioninfo/2020/legislation/S1385/|title=SENATE BILL 1385 – Idaho State Legislature}}

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.{{Cite journal|last=Buell|first=Samuel|date=1991-01-01|title=Criminal Abortion Revisited|url=https://scholarship.law.duke.edu/faculty_scholarship/2174|journal=New York University Law Review|volume=66|issue=6 |pages=1774–1831|pmid=11652642}} However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, {{ussc|597|215|2022|docket=19-1392}} later in 2022.{{cite web |url=https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |title=Supreme Court overturns Roe v. Wade |first=Ariane |last=de Vogue |date=June 24, 2022 |access-date=June 24, 2022 |work=CNN |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624141808/https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |url-status=live}}{{cite news |last1=Howe |first1=Amy |title=Supreme Court overturns constitutional right to abortion |url=https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |work=SCOTUSblog |date=June 24, 2022 |access-date=June 24, 2022 |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624142633/https://www.scotusblog.com/2022/06/supreme-court-overturns-constitutional-right-to-abortion/ |url-status=live}}

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.{{cite web|last=Mosely-Morris|first=Kelcie|title=Idaho Supreme Court upholds abortion ban, civil enforcement law|url=https://idahocapitalsun.com/2023/01/05/idaho-supreme-court-upholds-abortion-ban-civil-enforcement-law/|website=Idaho Capital Sun|date=January 5, 2023|access-date=January 3, 2023}}

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.{{Cite web |last1=El-Bawab |first1=Nadine|title=Women, doctors announce legal action against abortion bans in 3 states|url=https://abcnews.go.com/US/women-doctors-announce-legal-action-abortion-bans-3/story?id=103055654&fbclid=IwAR2nucM0eXmPKcjZUQzA2jr6gMS3xA7oNi1d_YAl9h422I6wUEOL5yA59qI|website=ABC News |access-date=September 12, 2023 |date=September 12, 2023}} 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.{{Cite web |last1=Diaz |first1=Adrianna|title="Hopeless and frustrated": Idaho's abortion ban is driving OB/GYNs out of the state|url=https://cbsnews.com/news/idaho-near-total-abortion-ban-driving-doctors-out-of-the-state/?ftag=CNM-00-10aab6a&linkId=245224554&fbclid=IwAR3Ucqk195AHVtn36VoKlJ6wo-y_t3fr8MU9Q7AWUcpFLtkeiua_Q3OgeTI|website=CBS News |access-date=October 31, 2023 |date=October 31, 2023}} 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.{{Cite web |last1=Harris |first1=Bracey|title=Why Idaho's hospitals are having pregnant patients airlifted out of state|url=https://www.nbcnews.com/news/us-news/idahos-abortion-emergency-supreme-court-airlifted-rcna148828?cid=sm_npd_nn_fb_ma&utm_campaign=trueanthem&utm_medium=social&utm_source=facebook&fbclid=IwZXh0bgNhZW0CMTEAAR2uyWkFrdOPjFfTJQDklqwDaZT0yftkBLu9PK_w2Q2cuxDskKL1GjdWhpY_aem_Af7H9DyFvX_aUSJHoovlzoqfNvFp77TLzpm3gv4kbKwueXVLbfhXJxamc2OTUmWGidqmy3tBQQZqOhxtV4pegnfA&_branch_match_id=1222735436047838517&_branch_referrer=H4sIAAAAAAAAAwXB226CMAAA0D8ShjrikmXBsarARLYqyAtpgVJsgTJ6Ab9%2B51ApxfRmWT0u%2B9pMKyTEirc9s4DS5nXmanvCHwSXvK3eTybPqI2bM81T%2B%2FMbfnnej6OWlIG%2FKr48AIFB4jM%2BGh%2Fl0F6IZPtI7S5hYZzEKdXsTyyMXg6PKqXiXqC6KzziHnf%2BAnRWoOtvcBwGzZ%2FDSM4aCNeF0VN060ZvGA6NqrNbhAnNghl1pRPDa5ce2mrslrXcJ0k%2BxnSWt42om554%2F4aaz9HWAAAA|website=NBC News |access-date=April 25, 2024 |date=April 25, 2024}}

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.{{Cite web |last=Vagianos |first=Alanna |date=2024-12-03 |title=Court Rules Idaho Can Enforce Ban On Interstate Abortion Travel |url=https://www.huffpost.com/entry/idaho-court-rules-the-state-can-enforce-ban-on-interstate-abortion-travel_n_674f461de4b04b35d102d125 |access-date=2024-12-03 |website=HuffPost |language=en}}

In March 2025, the Justice Department under the Donald Trump's second term filed to drop a lawsuit the Biden administration filed in 2022 against Idaho.{{cite web | url=https://apnews.com/article/abortion-supreme-court-idaho-emergency-087ffe58073649062a9d9ef08f9d95f6 | title=Trump administration is set to drop lawsuit pushing Idaho to allow emergency abortions, filing shows | website=Associated Press News | date=March 4, 2025 }}{{cite web | url=https://www.nytimes.com/2025/03/04/us/politics/idaho-abortion-ban-trump.html | title=Justice Dept. Signals It Will End Challenge to Idaho Abortion Ban | work=The New York Times | date=March 5, 2025 | last1=Thrush | first1=Glenn }} In the 2022 lawsuit, the Justice Department argued that the state law violated the Constitution and was preempted by federal law, as it conflicted with the federal Emergency Medical Treatment and Labor Act (EMTALA). EMTALA requires hospitals receiving Medicare funds to provide necessary stabilizing treatment for an emergency medical condition.{{Cite web |last1=Quinn |first1=Melissa |last2=Legare |first2=Robert |date=2022-08-02 |title=Justice Department sues Idaho over abortion law in first legal challenge since Roe's reversal - CBS News |url=https://www.cbsnews.com/news/justice-department-sues-idaho-abortion-law/ |access-date=2025-03-08 |website=www.cbsnews.com |language=en-US}}

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

{{See also|Abortion clinic}}Between 1982 and 1992, the number of abortion clinics in the state decreased by six, going from fifteen in 1982 to nine in 1992.{{Cite book|url=https://books.google.com/books?id=RDqXplZptaIC|title=A State-By-State Review of Abortion and Reproductive Rights|last1=Arndorfer|first1=Elizabeth|last2=Michael|first2=Jodi|last3=Moskowitz|first3=Laura|last4=Grant|first4=Juli A.|last5=Siebel|first5=Liza|date=December 1998|publisher=DIANE Publishing|isbn=9780788174810}} In 2014, there were three abortion clinics in the state.{{Cite web|url=https://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2|title=The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state|last=Gould|first=Rebecca Harrington, Skye|website=Business Insider|access-date=2019-05-23}} 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.{{Cite web|url=https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|title=This is what could happen if Roe v. Wade fell |date=2018-08-04|website=Business Insider|language=es|access-date=2019-05-24|archive-date=2019-05-24|archive-url=https://web.archive.org/web/20190524083342/https://www.businessinsider.es/abortion-access-in-america-maps-charts-if-roe-falls-2018-8|url-status=dead}} 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.{{Cite news|url=https://www.bloomberg.com/graphics/2017-planned-parenthood-locations-states/|title=Here's Where Women Have Less Access to Planned Parenthood|access-date=2019-05-23}} Emerg-A-Care in Jackson Hole, Wyoming also served women from Eastern Idaho.{{Cite web|url=https://www.vice.com/en/article/last-clinics-seven-states-one-abortion-clinic-left/|title=Seven states have only one remaining abortion clinic. We talked to the people keeping them open.|last=McCann|first=Allison|date=May 23, 2017|website=Vice News|access-date=2019-05-23}}

After the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, all three Planned Parenthood clinics stopped offering abortion services. Planned Parenthood closed a clinic in 2022 and another in 2024, leaving just one clinic in the state.{{cite web | url=https://www.spokesman.com/stories/2022/jun/09/1-of-idahos-3-planned-parenthood-clinics-has-close/ | title=1 of Idaho's 3 Planned Parenthood clinics has closed as abortion access fears grow | date=June 9, 2022 }}https://www.idahostatesman.com/living/health-fitness/article307091941.html

In the period between 1972 and 1974, there was only no recorded illegal abortion death in the state.{{clarify|date=December 2019|reason="only no" looks odd, does the source says none or one?}}{{Cite journal|last1=Cates|first1=Willard|last2=Rochat|first2=Roger|date=March 1976|title=Illegal Abortions in the United States: 1972–1974|journal=Family Planning Perspectives|volume=8|issue=2|pages=86–92|doi=10.2307/2133995|jstor=2133995|pmid=1269687}} In 1990, 106,000 women in the state faced the risk of an unintended pregnancy. 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.{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|title=Abortion Surveillance --- United States, 2000|publisher=CDC|access-date=2019-05-25}} 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.{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5309a1.htm|title=Abortion Surveillance --- United States, 2001|publisher=CDC|access-date=2019-05-25}} 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.{{Cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5511a1.htm|title=Abortion Surveillance --- United States, 2003|website=www.cdc.gov|access-date=2019-05-25}} In 2010, the state had zero publicly funded abortions.{{Cite web|url=https://data.guttmacher.org/states/table?state=AL+AK+AZ+AR+CA+CO+CT+DE+DC+FL+GA+HI+ID+IL+IN+IA+KS+KY+LA+ME+MD+MA+MI+MN+MS+MO+MT+NE+NV+NH+NJ+NM+NY+NC+ND+OH+OK+OR+PA+RI+SC+SD+TN+TX+UT+VT+VA+WA+WV+WI+WY&topics=62&dataset=data|title=Guttmacher Data Center|publisher=Guttmacher|access-date=2019-05-24}} 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.{{Cite web|url=https://data.guttmacher.org/states/table?state=AL+AK+AZ+AR+CA+CO+CT+DE+DC+FL+GA+HI+ID+IL+IN+IA+KS+KY+LA+ME+MD+MA+MI+MN+MS+MO+MT+NE+NV+NH+NJ+NM+NY+NC+ND+OH+OK+OR+PA+RI+SC+SD+TN+TX+UT+VT+VA+WA+WV+WI+WY&dataset=data&topics=87|title=No. of abortions among women aged 15–19, by state of residence, 2013 by racial group|publisher=Guttmacher Data Center|access-date=2019-05-24}} 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.{{Cite web|url=https://www.pewresearch.org/religion/religious-landscape-study/compare/views-about-abortion/by/state/#views-about-abortion|title=Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics |work=Pew Research Center|access-date=June 27, 2022}} In 2017, the state had an infant mortality rate of 4.6 deaths per 1,000 live births.{{Cite web |title=States pushing abortion bans have highest infant mortality rates |url=https://www.nbcnews.com/health/womens-health/states-pushing-abortion-bans-have-higher-infant-mortality-rates-n1008481 |access-date=2019-05-25 |website=NBC News|date=May 24, 2019}}

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.{{Cite web|url=https://www.usatoday.com/story/news/nation/2019/05/21/abortion-laws-stopthebans-rallies-set-across-nation-today/3750913002/|title=Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation|last=Bacon|first=John|website=USA Today |access-date=2019-05-25}}{{Cite web |date=2019-05-21 |title=Abortion ban opponents rally at Statehouse |url=https://www.kivitv.com/news/abortion-ban-advocates-rally-at-statehouse |access-date=2022-07-29 |website=KIVI}}

Following the leak of the overturn of Roe v. Wade on May 2, 2022, an abortion rights protest was held in Boise, Idaho.{{Cite web |last1=Stevenson |first1=Ian Max |title='Beginning of an erosion of rights': Protesters rally at Idaho Capitol over abortion news |url=https://www.idahostatesman.com/news/politics-government/state-politics/article261036507.html|website=Idaho Statesman |access-date=February 20, 2024 |date=May 4, 2022}} 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.{{Cite web |last1=Moseley-Morris |first1=Kelcie |title=Two abortion rights protesters file tort claims against Boise city, police over arrests |url=https://idahocapitalsun.com/2022/11/30/two-abortion-rights-protesters-file-tort-claims-against-boise-city-police-over-arrests/|website=Idaho Capital Sun |access-date=December 2, 2022 |date=November 30, 2022}}

Following the overturn of Roe v. Wade on June 24, 2022, an abortion rights protest was held in Boise, Idaho outside city hall.{{Cite web|title=People protest Roe v. Wade decision at Boise City Hall |url=https://www.kivitv.com/news/people-protest-roe-v-wade-decision-at-boise-city-hall|website=Idaho News 6 |access-date=February 20, 2024 |date=June 24, 2022}}

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, {{ussc|597||2022|docket=19-1392}} in 2022.

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.{{Cite journal|last1=Jacobson|first1=Mireille|last2=Royer|first2=Heather|date=December 2010|title=Aftershocks: The Impact of Clinic Violence on Abortion Services|url=http://www.nber.org/papers/w16603|journal=American Economic Journal: Applied Economics|volume=3|pages=189–223|doi=10.1257/app.3.1.189}}

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{{Abortion by US state}}

{{Idaho}}

Idaho

Category:Healthcare in Idaho

Category:Women in Idaho