The main goal of the law is to prevent minors from getting abortions in other states. It makes it a felony to “recruit, harbor, or transport” a pregnant minor with the intent to conceal the abortion from the minor’s parents or guardian. In other words, a trusted adult could be incarcerated for helping youth access legal health care.
In July 2023, Legal Voice, Stoel Rives, and the Lawyering Project sued to have the law declared illegal. In Sept. 2023, the Idaho District Court put the law on hold. Now, the Ninth Circuit has issued a decision that partially upholds the block on the law. It finds that the law’s prohibition on “recruiting” youth violates the First Amendment. This is a significant victory that allows Idahoans to keep talking with pregnant youth about essential health care.
In addition, the court ruled in our favor on two other matters. It found that our plaintiffs have the right to litigate and that they’re suing the proper defendant. The state of Idaho had contested both points in its arguments.
Unfortunately, the court did not block the law’s prohibitions on “harboring” or “transporting.” It’s essential that the law is blocked in its entirety, as it threatens the many young people who need help from adults who aren’t their parents. For instance, some youth face the threat of violence at home if they receive an abortion. Others may need abortions because they were sexually abused by a parent.
Ultimately, young adults are in the best position to decide who to involve in their health care. We will continue working to ensure that Idaho law reflects that truth.
