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Idaho has enacted a new bill that allows families to sue doctors for performing abortions on family members.
Governor Brad Little signed the bill into law on Wednesday. The bill is the first to be enacted anywhere in the country that models itself after a controversial Texas statute banning abortions six weeks after conception. With the bill officially signed, it will become formally enacted in 30 days.
"I stand in solidarity with all Idahoans who seek to protect the lives of preborn babies," wrote Little in a letter announcing his decision.
However, his signing did not come without its drawbacks. The letter also outlined his problems with the bill, although he expressed hope that his fears wouldn't become a reality.
"While I support the pro-life policy in this legislation, I fear the novel civil enforcement mechanism will in short order be proven both unconstitutional and unwise," Little continued in his letter.
The law allows for lawsuits against doctors that provide abortions to be filed by the father of the "preborn child," as the bill refers them. These doctors can also be sued by grandparents, parents, siblings, uncles and aunts. The minimum amount set that these members can sue for is $20,000, and the lawsuit must be filed by the fourth year after the abortion is completed.
This part of the bill has received backlash from Democrats, who say that it encourages intrusion and the invasion of a pregnant woman's privacy.
"The vigilante aspect of this bill is absurd," Democratic Representative Lauren Necochea said of the bill. "Its impacts are cruel, and it is blatantly unconstitutional."
However, backers of the bill maintain that family values are at the center of the bill.
"This bill makes sure that the people of Idaho can stand up for our values and do everything in our power to prevent the wanton destruction of innocent human life," Republican Representative Steven Harris, one of the bill's sponsors, said on March 14 during its final legislative vote.
One key aspect of the bill, however, is how it handles potential lawsuits regarding "preborn children" conceived out of rape. The bill says that rapists cannot legally file lawsuits against doctors if their victim undergoes an abortion. However, family members of the rapist can file lawsuits.
What is important to note is that the law signed by Little does not include a controversial statute due to ongoing legal proceedings. In 2021, a law that banned abortion six weeks after conception was passed by state legislators. However, that part of the law still needs to be reviewed in federal court for its legality. It is unknown when the statute is expected to receive such a review.
Newsweek has reached out to representatives of Little for comment but has not received a response.
Update at 3/23/22, 5:11 p.m. ET: This story has been updated to include additional information on the bill.
