Idaho Governor Brad Little Wednesday signed a new abortion bill into law, despite expressing grave concerns about the wisdom and constitutionality of the measure and warning that it could re-traumatize victims of sexual assault.
Senate Bill 1309 bans abortions after six weeks of pregnancy and allows family members of what it calls “a preborn child” to sue the abortion provider. According to the bill, the preborn child’s relatives can sue for a minimum of $20,000 in damages within four years after the abortion. Rapists cannot file a lawsuit under the law, but a rapist’s relatives potentially could.
The law is modeled after a Texas law that the US Supreme Court allowed to remain in place until a court challenge was decided on its merits. On March 11, the Texas Supreme Court ruled against abortion providers’ federal challenge to the abortion ban, effectively ending the federal challenge to the law. The Texas law allows people to enforce the law in place of state officials who normally would do so. The Texas law authorizes lawsuits against clinics, doctors and anyone who “aids or abets” an abortion that is not permitted by law.
Before signing the bill, Governor Little wrote a message to Lieutenant Governor Janice McGeachin, stating, “While I support the pro-life policy in this legislation, I fear the novel civil enforcement mechanism will in short order be proven both unconstitutional and unwise.” Governor Little also noted that liberal states could embrace the same legal tactics to limit religious or firearm rights.