A federal appeals court ruled Idaho can proceed with a new law that makes it illegal to help minors seek an abortion without parental consent. The new ruling reverses a lower court decision that prevented the law from taking effect after a 2023 lawsuit.
The 9th U.S. Circuit Court of Appeals said Monday, Dec. 2, that the statute prohibits the act of transporting and harboring a pregnant minor without the parents’ knowledge. The court said it’s likely to be found constitutional.
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The new law, the Defense of Life Act, carries a sentence of up to five years in prison if convicted. The minor’s parents would also be able to sue anyone assisting the minor in receiving an abortion.
After Roe v. Wade was overturned in 2022, Idaho passed a law banning almost all abortion cases with exception to rape and incest.
In 2023, the state furthered its agenda by passing what lawmakers called an “abortion trafficking” law. It prohibits minors from traveling to other states, such as Oregon, Montana and Washington, where the procedure remains legal.
While supporters called the ruling a win, opponents claimed victory as part of the law remains blocked. The court’s decision found the law’s ban on recruiting pregnant minors goes against the First Amendment of free speech.
“Encouragement, counseling and emotional support” are protected speech regardless if used in context of having an abortion, the court said.
With the ruling, prosecutors are unable to bring charges against anyone who influences a minor to seek an abortion.
“We will not stop protecting life in Idaho,” Idaho Attorney General Raúl Labrador said.
A plaintiff lawyer said the ruling frees Idahoans to talk with pregnant minors about abortion health care.
