Idaho Becomes First State To Restrict Interstate Travel For Abortion

Topline

Idaho’s governor signed a law this week making it illegal for an adult to transport a minor to get an abortion without their parents’ consent, making Idaho the first state to limit interstate travel for abortion, as Republican lawmakers nationwide continue to limit abortion access.

Idaho Gov. Brad Little delivers his State of the State address inside the house chambers at the … [+] state Capitol building.

AP/Otto Kitsinger

Key Facts

Idaho Gov. Brad Little (R) signed legislation creating a new crime called “abortion trafficking,” which was defined in Idaho’s House Bill 242 as an adult helping a minor obtain an abortion or abortions pills without the consent of a parent or guardian by “recruiting, harboring, or transporting the pregnant minor within this state.”

Because the bill makes “abortion trafficking” a felony, individuals who break the law could face two to five years in prison.

Abortion is banned in Idaho except in cases of medical emergencies, so the “trafficking” law’s backers have cast it as a way of preventing children from traveling to another state where the procedure remains legal to get an abortion without their parents’ consent.

Planned Parenthood Alliance Advocates-West called the legislation “despicable” and said the organization was “going to do everything in our power to stop it.”

Key Background

Many GOP-led states like Idaho used the Supreme Court’s overturning of Roe v. Wade in June as a jumping-off point to further restrict abortion access. Some states have focused on abortion pill access, like Georgia, where a bill requiring in-person exams before abortion pills can be prescribed is under consideration. These restrictions have led some states to become refuges for people looking for abortion access: Idaho’s neighbors Washington and Oregon are chief among the states attempting to expand abortion access. Legislation being considered in Oregon, for example, would allow abortion providers to provide care to anyone regardless of age. The bill would also protect physicians and patients from criminal liability if they provide or receive an abortion respectively. As a result, many abortion rights advocates fear states with hardline restrictions could seek to crack down on out-of-state travel, though Supreme Court Justice Brett Kavanaugh wrote last year that he believes restrictions on interstate travel for abortion would violate the Constitution. For example, Texas has proposed legislation that would eliminate tax breaks for state businesses that help cover travel costs for employees getting out-of-state abortions.

Big Number

13. That’s how many states, including Idaho, essentially ban abortions regardless of the stage of pregnancy. Several other states have attempted to ban or broadly restrict abortion, but their bans are on hold due to lawsuits.

What To Watch For

Now that Idaho has restricted interstate travel, other states could follow its lead. In Missouri, for example, some lawmakers have proposed introducing legislation to limit traveling out-of-state for an abortion.

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Key Facts

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What To Watch For

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