the state ofIdaho is already one of those with the most restrictions onabortion and doctors who perform abortions are guilty until proven guilty. Now the Republican-majority state is aiming for a new ban: that of leaving Idaho to go to a state with laws that allow abortion.
House Bill 242, this is the name of the law, has already passed the State Congress and should be approved quickly in the Senate. The ban on traveling from Idaho would affect minors without parental authorization and this would create a crime that could be defined abortion trafficking. Those who “intend to hide an abortion from the parents or guardian of a pregnant and non-emancipated minor, or procure an abortion … or obtain a drug that induces abortion” for the minor, would be criminally liable. Recruiting, harboring, or transporting the pregnant minor within this state is also sanctioned. While there is no indication of crossing state lines, the ban is implied since abortions are not permitted in the state: abortion pills or other practices must come or be done across Idaho’s borders.
For those found guilty, the sentence could be from two to five years in prison. The law also includes the ability for the Idaho Attorney General to override any local prosecutor’s decision that does not follow such an extreme law.
The bill would criminalize anyone who transports a pregnant minor even within the state to obtain an abortion or for medical abortion: it would also be valid for an aunt who accompanies a pregnant minor to the post office to collect a package with abortion pills or for an older brother who accompanies a pregnant minor to a friend’s house for a home abortion. The penalty would be a minimum of two years in prison.
David Cohenlaw professor at Drexel University in Philadelphia, interviewed by Huffington Post USA. “They’ll say what they’re doing is just criminalizing actions that take place completely inside Idaho, but basically what they are criminalizing is the person who helps the minor». Republican Senator Barbara Ehardt explained, “Abortion is already illegal in Idaho, therefore, it would take that child across the border, and if that happens without parental permission, that’s where we can hold those who subvert a parent’s right accountable.” ».
Whoever sees it on the other side signals the restrictions on children’s right to health. “It’s a very creative way to get around the law,” he always said HuffPost Rebecca Wang, legal counsel for the non-profit reproductive justice organization If/When/Howabout the Idaho bill. “The wording of this law very strategically seeks not to impede the right to travel, but focuses more on the state’s right to interfere with young people’s medical decisions.” Abortion rights associations are ready to fight for this bill to be declared unconstitutional.
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Source: Vanity Fair
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