New Idaho law lets families sue abortion providers

BOISE, Idaho — Idaho Gov. Brad Little on Wednesday signed a controversial bill that would allow families to sue abortion providers.

The bill was modeled after a Texas law passed last year that allows the public to sue anyone who performs or facilitates an abortion. Idaho’s is slightly different — it only allows family members to sue abortion providers, but doubles the $10,000 maximum that Texas plaintiffs can seek.

Little, who is running for reelection this year, said in his transmittal letter that he’s committed to fighting abortions. But he said he worries the bill is both unconstitutional and creates “unintended consequences” that affect sexual assault survivors. He urged lawmakers to fix parts of the bill.

“I remain committed to protecting the lives of pre-born babies and strongly encourage the Legislature to promptly rectify any unintended consequences with this legislation to ensure the state sufficiently protects the interests of victims of sexual assault,” Little said in his transmittal letter.

The law amends last year’s “fetal heartbeat bill,” which would make it illegal to perform abortions after around six weeks of pregnancy, before many women know they’re pregnant. Lawmakers have said that’s typically when a fetal heartbeat is detected, though specialized physicians have argued the “heartbeat” is more accurately described as electrical activity.

Unlike last year’s bill, the newly passed law is not subject to a court decision — it will go into effect in 30 days after the governor’s signature.

The bill largely passed through the Legislature along party lines and with dozens of Republicans cosponsoring the legislation. Democrats expressed fierce opposition and concerns over the civil penalty, which would bar perpetrators of rape or incest from suing abortion providers but would allow the perpetrators’ families to sue.

In a legal opinion sent to state Sen. Grant Burgoyne, a Boise Democrat who opposed the bill, Idaho Chief Deputy Attorney General Brian Kane said the legislation would likely violate the U.S. Constitution.

Opponents gathered over the weekend to urge Little to veto the bill, arguing that it restricted abortion access altogether and denied rights granted by Roe v. Wade, the 1970s Supreme Court case that protected access to abortion until a fetus is viable outside the womb — typically around 23 weeks of pregnancy.

Idaho has only four abortion providers, three of which are Planned Parenthood facilities.