Lawmakers in Idaho passed an amendment to its abortion ban that would empower citizens to enact it, just like Texas' Heartbeat Act.
On Monday, Senate Bill 1309 was passed by the Idaho House after 51 representatives voted for it, while 14 voted against it and five abstained. The heartbeat abortion ban that is similar to Texas' law passed the Idaho Senate earlier this month after a 28 to 6 vote, with one senator abstaining.
According to the Christian Post, SB 1309 now awaits the signature of Republican Gov. Brad Little. The Idaho heartbeat abortion ban amends a law that passed in 2021 that bans most abortions after a fetal heartbeat is detected, which occurs around the sixth week of pregnancy. While the 2021 law would not take effect until it is "triggered" by an appeals court decision, SB 1309 would take effect 30 days after being signed and may be enforced by family members who can file a lawsuit against abortion providers for damages.
Unlike the Texas law that empowers anyone to sue whoever helps facilitate an abortion, the Idaho heartbeat abortion ban limits enforcers to sue only abortion providers. The Texas law also allows private citizens anywhere in the U.S. to file a lawsuit over an illegal abortion, but the Idaho bill limits who can file a case for damages to just family members of the aborted child.
The Idaho Family Policy Center believes that the measure may save around a thousand lives annually. IFPC President Blaine Conzatti said in a statement, "I'm optimistic that Gov. Brad Little will sign this legislation to ensure preborn babies with beating hearts receive the equal protection they deserve."
Conzatti described the amendments to the Idaho heartbeat abortion ban as "constitutionally, scientifically, and morally sound" and commented that the similar Texas law has "successfully withstood several legal challenges in the federal courts." Because of this, he believes that in the event the Idaho legislation becomes law, it would also "survive any forthcoming legal challenge and begin saving preborn babies."
"This bill makes sure that the people of Idaho can stand up for our values and do everything in our power to prevent the wanton destruction of innocent human life," Republican Rep. Steven Harris, who sponsored the Idaho heartbeat abortion ban, said in a statement after the vote, as per ABC News.
But the Idaho heartbeat abortion ban is met with several detractors. Legal Voice, a non-profit organization that advocates for the legal rights of women, girls and LGBT individuals in the Northwest argued that the proposed legislation may expose women who are in abusive relationships to more harassment from their partners.
Legal Voice's senior attorney Kim Clark argued, "This essentially makes the state complicit in intimate partner violence. Allowing a member of the person's family to bring a claim, that could include an abuser where the survivor hasn't reported the assault."
The American Civil Liberties Union's (ACLU) Idaho chapter also opposed the bill, saying that it threatens the right to abortion access, which has been legalized since 1973 across the U.S. ACLU Idaho Policy Strategist Lauren Bramwell vowed to continue to advocate for the protection of abortion rights in the state.
