Idaho Democrats condemn legislative inaction on addressing issues related to state’s abortion ban

Idaho Democrats called on Republican legislators on Friday to introduce legislation that would stop the departure of OB-GYNs, create health exceptions for pregnant women in the state’s abortion ban, and protect access to in vitro fertilization services, all of which have not been addressed during this legislative session.

At a news conference, House Minority Leader Ilana Rubel, D-Boise, said the party felt it was “morally incumbent” to call on the Legislature as it approaches what could be the final week of the session.

Since Roe v. Wade was overturned in June 2022, Idaho, like 13 other states across the country, implemented a near-total ban on abortions.

Idaho’s ban is in place at any stage of pregnancy, joining five other states that ban the procedure with no exceptions to preserve the health of the pregnant patient, but only to prevent their death. This means even if a woman faces organ loss, paralysis, or loss of fertility, she would not be able to seek an abortion in the state.

Under Idaho’s abortion ban, physicians can be criminally prosecuted for providing an abortion, and many physicians have said the law is unclear about when the limited exceptions would apply so that they could be safe from criminal prosecution.

“There is enough time left to address this,” Rubel said. “When GOP leadership cares about an issue, they can move quickly. We are asking them to act now to fix the disaster they’ve created before we adjourn, and before the women and health professionals of Idaho have to face another year of physical and legal endangerment.”

Idaho Democrats cited data from a recent report from the Idaho Physician Well-Being Action Collaborative that showed 58 obstetricians left Idaho between August 2022 to November 2023.

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The report, “A Post Roe Idaho,” notes that between that time period, two hospitals – West Bonner General Health in Sandpoint and Valor Health in Emmett – have closed their obstetrics programs.

And next month, the West Valley Medical Center in Caldwell will also close its labor and delivery and neonatal intensive care units because of challenges recruiting obstetricians, the Idaho Statesman reported.

“We could fix this next week if they were willing to do it across the aisle,” Rubel said. “This could be fixed right now. If it is not fixed by the time we (finish the session), then the ballot boxes are where this has to be fixed.”

Idaho Democrats want collaborative protections for IVF

Democratic lawmakers also discussed their efforts to implement protections for IVF treatment after an Alabama court ruled that frozen embryos were children.

Rep. Brooke Green, D-Boise, said she worked to come up with a compromise with Republican legislators, but said she did not make progress because her colleagues said there was “no need” for the law.

“I find that really difficult to understand since we’ve moved a bill forward and codified protections against cannibalism,” she said. “Last time I checked, there was not a threat of cannibalism in Idaho. So certainly we can put forward protections for IVF in Idaho.”

Green said that she introduced a bill for IVF protections in the House State Affairs Committee on Friday, but that bill will not receive a hearing, she said.

One bill introduced in the first week of the legislative session would have established embryos as children in Idaho if it had advanced.

House Bill 381, sponsored by Rep. Julianne Young, R-Blackfoot, would have changed the word “fetus” under Idaho law to “preborn child.” That bill was held in committee, and it did not move forward in the legislative process after a physician at the Center for Reproductive Medicine voiced concerns about the bill that it would end access to IVF procedures.

Green said implementing protections for IVF is especially important to her because she was able to have her son through the treatment.

“My precious son was brought into this world because of the incredible doctors who worked so hard to ensure that I could grow my family,” Green said. “Our families and our doctors deserve to know that this tool that brings life into the world will be protected.”

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