Idaho Abortion Bill Seen But Not Heard Lawmakers Hesitant To Bring Up Family Forum’s Measure That Would Enforce Abortion Laws

An eight-page bill its backers say will spur enforcement of Idaho’s existing abortion laws is circulating among some lawmakers.

But most legislators won’t see it until next year. And unless House Speaker Michael Simpson is convinced of the need, he could make sure it gets scant attention even then.

“They need to show me where the problem is and how this is going to address the problem,” Simpson said.

The Idaho Family Forum, a conservative religious organization, is behind the abortion bill. Director Dennis Mansfield maintains that Idaho officials fear they have no authority to enforce the abortion laws currently on the books because of the U.S. Supreme Court’s 1993 ruling in the Roe vs. Wade case.

The proposition has gone through a number of revisions in the months it has been under consideration by a number of groups.

It will be controversial. Among other things, it says no public funds, facilities or employees may be used to perform an abortion not necessary to save the life of the mother. That precludes abortions in cases of rape and incest.

Mansfield wants legislative consideration. During the current session, he bowed to the legislative leadership’s wishes to avoid the debate.

But if he can’t get Simpson’s approval to introduce a bill next session, Mansfield will ask an individual lawmaker to submit it as a personal bill.

The speaker says if Mansfield goes that route, the sponsors still have to convince a committee chairman to put it on the agenda and get a majority on a committee to approve before the bill hits the House floor.

After a long, bitter battle, the 1990 Legislature approved what would have been the nation’s most restrictive abortion law. Gov. Cecil Andrus vetoed it.

Since then, the Legislature has scrupulously avoided the subject. Many lawmakers remember that in the election following the 1990 battle, Democrats scored their biggest victory in the Legislature since 1959.

“We knew it was going to come back some time,” Simpson says. “We’ve tried hard not to get the Legislature involved in things they can’t do anything about.

“Show me the proof” it’s needed, he said. “The state doesn’t have a lot of regulatory control over abortions since the Supreme Court has taken over.”

The speaker acknowledges that if abortion is brought up next year, it could be an election factor.

“But I don’t know which way,” he said. “Some people don’t want to touch it.”

Simpson says he has problems personally with the bill, including the fact it uses value-laden terms such as “unborn child” in reference to fetuses.

Last month, Deputy Attorney General William von Tagen sent a letter to the bill’s sponsors saying that the latest version has eliminated some potential flaws.

Von Tagen suggested requiring proof of specific intent by a physician who violated the act before criminal sanctions could be filed. A section calling for a viability test was dropped.

“One can never predict with absolute certainty how a court may rule on legislation dealing with a controversial and developing area such as abortion,” Von Tagen wrote.

But based on his analysis of federal case law, it appears that the latest draft meets concerns expressed by courts reviewing similar legislation from other states.

Mansfield said the Idaho Family Forum and related groups started working on the bill in 1995.

Of about 120 court decisions on abortion since Roe vs. Wade, only about five contain significant rulings. Mansfield said wording from each has been incorporated in the new bill.

“We decided to restrict it to rulings that have been upheld by the Supreme Court,” he said.

Mansfield knows that if abortion is introduced in the Legislature, it will generate battles and hard feelings. That’s why he’s been visiting with the legislative leadership about his proposed bill and biding his time.

But he will not wait forever.

“We are at a critical crossroads,” he said.