Abortion consent bill passes House
BOISE – The Idaho House passed legislation Friday requiring parental consent before a minor can get an abortion, with backers saying this version – unlike earlier Idaho laws – should stand up in court.
“This is patterned after a statute that survived the 9th Circuit Court of Appeals and is the law in Arizona,” said Rep. Tom Loertscher, R-Iona, the bill’s lead sponsor.
The measure earlier passed the Senate on a 23-12 vote; it now goes to the governor’s desk.
Idaho has repeatedly passed parental consent legislation only to see it overturned on constitutional grounds; the court battles have cost the state hundreds of thousands of dollars in legal costs.
Loertscher said this bill is different. It includes exemptions for minors whose pregnancies are the result of incest or forcible rape, or for medical emergencies. It also allows a judge to rule that a minor either is mature enough to consent on her own, or that an abortion is in her best interest.
Opponents said the bill is problematic for young women who come from abusive homes and are unable to get their parents’ consent.
Rep. Sue Chew, D-Boise, said the measure would require a runaway to go back to her parents for consent. “Some families barely function,” she told the House. She recalled the case of Spring Adams, a 13-year-old Fruitland, Idaho, girl whose father impregnated her, then killed her on the day she was planning to get an abortion.
Rep. Shirley Ringo, D-Moscow, said, “Unfortunately this law is not going to reduce the number of abusive families, but it can harm young girls by delaying access to appropriate medical care.”
Loertscher said, “This is a very, very important decision in a young person’s life. … Parental consent is a very important part of what we do in a lot of arenas, not just in this one.”
Rep. Dick Harwood, R-St. Maries, spoke out in favor of the bill. “I believe the children should be able to get to their parents, talk to their parents, and over the years we’ve moved away from that perspective,” he told the House. “I think this would help maybe bring it back in that direction.”
Rep. Branden Durst, D-Boise, said, “I’m in favor of this legislation, but I’d like to point out something I think is problematic in this process. … We need to get them education, we need to get them child care … so that they feel like their decision to keep their baby is one that they’re not going to regret.”
Rep. Lynn Luker, R-Boise, declared, “We’re dealing with a minor here that, frankly, by the fact that they’re pregnant, has demonstrated some lack of common sense.” Rep. Nicole LeFavour, D-Boise, responded to that. “I would like to remind the body that there are a great number of things that contribute to teen pregnancy, and they are not all the fault of girls. … It takes both the boy and the girl to make a teen pregnancy.”