Legislators in Idaho have passed a modification to the state’s heartbeat abortion ban which if enacted, would allow private citizens to sue abortion providers. The Senate Bill 1309 was passed by the Idaho House on Monday in a vote of 51 ayes, 14 nays and five abstentions. The bill passed the Idaho Senate earlier this month in a vote of 28 ayes, six nays and one abstention.
Gov. Brad Little is expected to sign it and it amends a law passed last year that bans most abortions after an unborn baby’s heartbeat is detected. While the 2021 law would not take effect until moved by an appeals’ court decision, the new bill would take effect 30 days after being signed and be enforced by family members who could sue abortion providers for damages.
The extent of the law passed by Idaho Legislators to allow private citizens sue abortion providers
The Texas bill allows for anyone who helps facilitate an abortion to be sued but the Idaho bill would limit who can be sued under the law. According to Idaho law, private citizens can sue only abortion providers.
While Texas law allows private citizens anywhere in the U.S. to sue over an illegal abortion, the Idaho bill limits who can sue for damages to just family members of the aborted child.
Idaho Family Policy Center states that the measure could save around 1,000 babies every year.
The President of Idaho Family Policy Center (IFPC ) said “I’m optimistic that Gov. Brad Little will sign this legislation to ensure preborn babies with beating hearts receive the equal protection they deserve,”
“These proposed changes to the Idaho Heartbeat Law are constitutionally, scientifically, and morally sound. A similar Texas law has successfully withstood several legal challenges in the federal courts, and we’re confident that this Idaho legislation, if it becomes law, will survive any forthcoming legal challenge and begin saving preborn babies.”