Levin Report

Idaho’s Uniquely Evil Abortion Bill Gives Rapists’ Families a Say

The parents and siblings of rapists would be able to sue the doctor who performed the procedure for up to four years under the law.
AUSTIN TX  OCTOBER 02 Demonstrators rally against antiabortion and voter suppression laws at the Texas State Capitol on...
AUSTIN, TX - OCTOBER 02: Demonstrators rally against anti-abortion and voter suppression laws at the Texas State Capitol on October 2, 2021 in Austin, Texas. The Women's March and other groups organized marches across the country to protest the new abortion law in Texas. (Photo by Montinique Monroe/Getty Images)Montinique Monroe

Last year Texas Republicans made a name for themselves when they came up with a diabolical way to not only ban abortions, with no exceptions for rape or incest, after six weeks of pregnancy, but also craft the legislation in such a manner that the Supreme Court would let it stand. Millions of people view S.B. 8 as gruesome and barbaric—not to mention unconstitutional!—for numerous reasons, including but not limited to the fact that many women don’t even know they’re pregnant until after six weeks. But Republican lawmakers in Idaho apparently looked at the law and said to themselves, We like it, but can we make it f---ed up in our own special way? And somehow they did.

On Monday, the Idaho House passed Senate Bill 1309, which, like in Texas, would prevent pregnant people from obtaining abortions after six weeks. Idaho’s spin? Rather than empowering any old private citizens to sue to enforce the law, it specifically allows family members of the fetus—including family members of a rapists— to sue abortion providers for up to four years after the procedure, for a minimum of $20,000 in damages. While Idaho has so humanely said that the rapists themselves could not sue, under the proposed legislation, they could get their parents and siblings to do so, as well as the would-be brothers and sisters of the fetus in question. Oh, and apparently nothing in the bill would prevent a rapist with, say, 10 siblings from having every single one of them sue individually and then collecting their cash.

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But of course provisions like these aren’t really about actual lawsuits, they’re about the threat of lawsuits, which Idaho Republicans are no doubt hoping will scare clinics into no longer performing the procedure. Meanwhile, although Idaho’s bill, unlike Texas’s, would in theory allow for exceptions in the cases of rape and incest, The New York Times notes that “the Idaho bill...requires women to file a police report and show it to the provider before they can get an abortion.”

The bill now goes to Governor Brad Little’s desk, where he is expected to sign it. (Last year Little signed a similar “fetal heartbeat” bill into law.) In a statement, Jennifer Allen, CEO of Planned Parenthood Alliance Advocates, made a no doubt futile effort to get him to do right, particularly by the vulnerable people who can’t leave the state for an abortion, saying: “Governor Little must do the right thing, listen to the medical community, and veto this legislation before it forces Idaho patients to leave the state for critical, time-sensitive care or remain pregnant against their will.”

The Idaho bill comes amidst a terrifying assault on reproductive rights. In addition to the possibility of the Supreme Court’s conservatives gutting Roe v. Wade, Republicans across the country are currently trying to pass law after law dictating what a pregnant person can and cannot do with their own body. Last week a Missouri state representative proposed a bill provision aimed at stopping residents from getting an abortion out of state. Not to be outdone, her colleague proposed making it a felony to abort an ectopic pregnancy, even though the failure to do so can literally kill pregnant people. Quite the world Republicans want us to live in!

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