University Of Idaho Warns Employees Could Face Felony Charges If They Promote Abortion Or Contraception

Topline

The University of Idaho sent a warning to employees Friday that promoting abortion or contraception while on the job could be a felony — and stating the university will no longer make birth control available — multiple outlets report, citing state laws that prohibit public funds from being used on abortion and the advertisement of any contraceptive or abortion-related drugs.

The University of Idaho sent guidance to employees warning them not to promote or perform abortions, … [+] as required by state law.

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Key Facts

The university’s Office of General Counsel sent guidance for employees on how to comply with state laws regulating abortion and contraception, noting the school is “committed to operating within the confines of laws.”

The guidance, as published by Boise State Public Radio, states employees cannot promote abortion, perform an abortion, counsel in favor of abortion, refer patients for abortions, dispense abortion drugs, provide facilities for abortions, dispense emergency contraception (except in cases of rape), contract with abortion providers or advertise or promote “services for abortion or the prevention of conception.”

Violating the law could result in misdemeanor or felony charges, which could include up to five years of prison time; being forced to repay state funds; termination and being barred from future state employment.

The university cited the state’s No Public Funds for Abortion Act, which was enacted in May 2021 and prohibits state funds from being used to promote or perform abortions, and includes specific provisions stating no public school tuition fees can be used to pay for abortions or counsel in favor of them.

The guidance also said the school would not provide “standard birth control,” citing uncertainty around the parameters of a separate state law that prohibits anyone from advertising or providing notice of “any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception.”

The University of Idaho has not yet responded to a request for further comment.

Crucial Quote

“In this new and evolving legal landscape, how these laws will be enforced remains unclear,” the guidance states. “Accordingly, the university and employees should be aware of the potential risks and penalties associated with conduct that may be perceived to violate the laws.”

Chief Critic

“The University of Idaho’s new policy is just the latest example of extremists and draconian laws threatening to strip us of all control over their reproductive health care,” Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky, said in a statement Monday.

Tangent

The laws cited in the university’s guidance are separate from an abortion ban in the state that took effect in August that outlaws nearly all abortions in the state except in the case of medical emergencies. The Biden administration sued Idaho over its ban and successfully restricted part of the law, requiring abortions to still be performed in medical emergencies that aren’t life-threatening.

Key Background

The Idaho guidance comes as abortion restrictions have tightened across the country in the wake of the Supreme Court overturning Roe v. Wade. In addition to Idaho, North Dakota has also enacted a law that prohibits state universities from using funds to promote or perform abortions, in addition to schools being affected by state abortion bans that outlaw the procedure and the dispensing of medication abortion. Abortion bans and restrictions have also prompted fears that access to birth control and emergency contraceptives like Plan B will be affected as a result, based on how anti-abortion bills are worded. The new proliferation of state-level abortion bans and restrictions has raised speculation it could affect students’ decisions to apply to universities in states where abortion is outlawed, and a NBC News/Generation Lab poll released in August found 30% of incoming second-year college students would consider changing schools if the state their school is in didn’t allow abortion.