The 9th U.S. Circuit Court of Appeals ruled Monday that most provisions of Idaho’s controversial “abortion trafficking” law can take effect while a legal challenge to its constitutionality proceeds. The law, the first of its kind in the U.S., criminalizes helping minors obtain abortions without parental consent.
Key Provisions of the Law Upheld
The court upheld the statute’s ban on harboring or transporting minors to obtain abortions with the intent of concealing the procedure from their parents. The ruling indicates this provision is likely to be deemed constitutional.
Under the law, individuals convicted of violating these terms face prison sentences ranging from two to five years. The legislation also allows parents or guardians to sue those who assist minors in obtaining abortions without their consent, though parents involved in cases of rape are excluded from filing such lawsuits.
First Amendment Protections Reinforced
However, the court blocked part of the law that prohibits “recruiting” or encouraging minors to seek an abortion, citing First Amendment protections. In its decision, the court stated that “encouragement, counseling, and emotional support” are forms of free speech and cannot be criminalized, even in the context of abortion discussions.
This decision overturned a previous ruling by U.S. Magistrate Judge Debora K. Grasham, who had temporarily blocked the law’s enforcement after opponents filed a lawsuit in the summer of 2023.
Mixed Reactions to the Ruling
The ruling has sparked debate, with both sides framing it as a partial victory.
Wendy Heipt, an attorney representing the plaintiffs, praised the protection of free speech, stating, “This decision is a significant victory for the plaintiffs, as it frees Idahoans to talk with pregnant minors about abortion health care.” She added that her clients, which include multiple advocacy groups, are considering further appeals.
Conversely, Idaho Attorney General Raúl Labrador called the ruling a win for the state, emphasizing its role in safeguarding life. “Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho,” Labrador said in a statement.
Background and Implications of the Law
Idaho, which bans abortion at all stages of pregnancy, passed the “abortion trafficking” law in 2023 to prevent minors from seeking abortions in states where the procedure remains legal. The law targets individuals who assist minors in circumventing parental consent requirements by acquiring abortion pills or traveling out of state for the procedure.
Opponents argue that the law infringes on constitutional rights, including free speech and interstate travel, while supporters believe it upholds parental authority and protects minors.
