Idaho’s stringent abortion ban, in effect for over a year, could see an adjustment if the first bill introduced in the Legislature’s committee in 2024 gains approval. The proposed legislation, House Bill 381, seeks to replace references to the term “fetus” in Idaho law with the term “preborn child.” While the bill’s sponsor, Rep. Julianne Young, characterizes it as a straightforward measure with no substantive change in policy, Planned Parenthood voices concerns about potential legal ambiguity and its impact on reproductive health care access.
Representative Julianne Young, a Republican from Blackfoot, asserts that the bill, which replaces the term “fetus” with “preborn child” in Idaho law more than 70 times, doesn’t alter legal definitions but aligns with the state’s perspective on preborn children.
However, Planned Parenthood Alliance Advocates raises apprehensions in a news release, suggesting that the bill could pave the way for further restrictions on reproductive rights, encompassing birth control, emergency contraception, and in vitro fertilization (IVF) treatments.
Planned Parenthood director for Idaho, Mistie DelliCarpini-Tolman, expressed disappointment in the legislative focus, considering the existing abortion ban. She emphasized the urgency of addressing healthcare issues rather than engaging in semantic changes.
Rep. Young clarified that the bill’s purpose is to ensure statutory language accurately reflects the state’s existing policy, denying any intention to confer the same rights to fetuses as children under Idaho law. She emphasized that the bill maintains the status quo but improves the communication of current policies.
The 25-page bill proposes amendments to over a dozen existing Idaho laws, covering various aspects from murder statutes and abortion bans to regulations on surrogate mother agreements and the definition of aggravated battery in Idaho.
The introduction of this legislation comes in the wake of evolving discussions on fetal personhood, particularly since the U.S. Supreme Court’s revision of the Roe v. Wade decision last year. While the court did not directly address the fetal personhood concept, some consider it a pivotal aspect of the ongoing reproductive rights debate.
During the hearing, Rep. Colin Nash, a Boise Democrat, sought clarity on whether the bill aims to express values, enhance consistency in Idaho law, or confer additional legal rights. The bill is set for a full committee hearing, where its fate will be further deliberated.