Idaho Supreme Court upholds abortion bans challenged in Planned Parenthood lawsuits

Christine Fernando, USA TODAY
·3 min read
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The Idaho Supreme Court on Thursday upheld all abortion restrictions challenged by Planned Parenthood lawsuits, ruling that the state's constitution does not implicitly enshrine abortion as a fundamental right.

The decision dismissed a series of lawsuits filed by Planned Parenthood and was a significant blow to advocates fighting Idaho's abortion restrictions, including the state's six-week abortion ban that restricts the procedure before many people know they are pregnant.

"All we are deciding today is that the Idaho Constitution, as it currently stands, does not include a fundamental right to abortion," Justice Robyn Brody wrote in the majority opinion.

Lawsuits filed by Planned Parenthood

In an effort to block the abortion bans, Planned Parenthood and a family physician brought three lawsuits against the governor and leaders of the state legislature.

  • The first lawsuit, filed in March 2022, challenged Senate Bill 1309, which allows some potential family members of a fetus to sue a provider who performs an abortion.

  • In June 2022, Planned Parenthood filed a lawsuit challenging Idaho's near-total ban on abortions, which was "triggered" when the U.S. Supreme Court overturned Roe v. Wade last year.

  • The third lawsuit challenged a state law that makes it a felony for health care providers to perform an abortion after electrical activity is detected.

Planned Parenthood argued these laws violate constitutional principles, including the right to privacy and equal protection under the Idaho Constitution.

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Idaho Supreme Court ruling upholds abortion restrictions

A majority of the justices said Idaho's Constitution does not include a fundamental right to abortion.

"Since Idaho attained statehood in 1890, this Court has repeatedly and steadfastly interpreted the Idaho Constitution based on the plain and ordinary meaning of its text," the justices said.

2 justices dissent

Idaho Supreme Court Justices Colleen Zahn and John Stegner dissented.

"Idaho’s Constitution did not freeze rights as they existed in 1890,' Zahn wrote.

In his dissent, Stegner wrote that the majority opinion "strips Idaho's women of their most basic rights."

"Idaho women have a fundamental right to an abortion because pregnancy — and whether that pregnancy may be terminated — has a profound effect on pregnant women's inalienable right to liberty, as well as their rights to life and safety," Stegner wrote.

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Planned Parenthood responds to ruling

Planned Parenthood said in a statement that abortion bans force Idahoans to leave the state to access abortion care, adding this particularly affects people already facing greater barriers to health care, including people of color, people with low incomes, immigrants and people in rural areas.

“This is a dark day for the state of Idaho. But our fight is far from over,” Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawaii, Indiana, Kentucky, said in a statement.

Anti-abortion advocate applauds ruling

"Today is a great day for precious preborn babies in Idaho," said Blaine Conzatti, president of Idaho Family Policy Center, a conservative Christian policy research and educational organization.

South Carolina Supreme Court ruling

Meanwhile, in South Carolina, the state Supreme Court on Thursday struck down a six-week abortion ban, ruling that it violated the right to privacy guaranteed in the state's Constitution.

In several other states, abortion restrictions are being challenged by lawsuits that hinge on interpretations of state constitutions.

Dig deeper: More abortion coverage

Contributing: The Associated Press

Contact Christine Fernando at cfernando@usatoday.com or follow her on Twitter at @christinetfern.

This article originally appeared on USA TODAY: Idaho abortion ban: State Supreme Court ends Planned Parenthood suits