Sen. Joyce Broadsword, R-Sagle, told the Senate, "I've read several attorney general's opinions on this and while my good friend from 21 says we're not causing a problem, the attorney general says that a rapist could file suit over this. I've read the attorney general's opinion that says this is unconstitutional.  So here we go again, folks, we're passing legislation that we know is unconstitutional. ... We're putting good money after bad."

Broadsword said she read a report showing there were only four abortions after 16 weeks gestation in Idaho in 2009. "That's not a big problem," she said. "We're having to choose between our morals and our ethics. When we vote for an unconstitutional bill, we put our ethics in danger. I don't think that this is good legislation. It's not written properly. There are problems with the bill. If you want to address this issue, come back and do it right - do it so that it's constitutional."

Sen. Elliot Werk, D-Boise, told the Senate, "I can't believe what I'm hearing on the floor today, that we are willing to provide a legal remedy to rapists because we don't think it'll be such an issue." He declared, "I heap my scorn on this bill."