BOISE, Idaho (AP) 鈥� A federal appeals court on Monday ruled that most of Idaho's first-in-the-nation law that makes it without the consent of their parents can take effect while a lawsuit continues.
The decision by the 9th U.S. Circuit Court of Appeals said the statute鈥檚 prohibition on helping a minor get an abortion by harboring and transporting them with the intent to conceal the procedure from the minor鈥檚 parents is likely to be found constitutional and can be enforced.
Part of the law remains blocked, however. The court found that the law鈥檚 prohibition on 鈥渞ecruiting鈥� pregnant youth violates the First Amendment. That means prosecutors, for now, will not be able to charge a person with 鈥渞ecruiting鈥� or influencing a minor to have an abortion.
"Encouragement, counseling, and emotional support are plainly protected speech,鈥� the court wrote, even when that speech happens in the 鈥渃ontext of deciding whether to have an abortion.鈥�
The ruling largely reverses U.S. Magistrate , which prevented from being enforced after opponents sued the state in the summer of 2023.
Abortion is banned in Idaho at all stages of pregnancy, and the law enacted in 2023 was designed to prevent minors from getting abortions in if they don鈥檛 have their parents鈥� permission.
Supporters of the law call it an 鈥渁bortion trafficking鈥� ban. Opponents say it is an unconstitutional prohibition on interstate travel and free speech rights. Both sides framed Monday's ruling as a victory.
鈥淭his decision is a significant victory for the plaintiffs, as it frees Idahoans to talk with pregnant minors about abortion health care,鈥� Wendy Heipt, a lawyer for the plaintiffs, said in an emailed statement Monday.
She said the plaintiffs, which include multiple advocacy groups, are also considering their appeal options.
Idaho Attorney General Ra煤l Labrador in an emailed statement called the ruling a victory for the state.
鈥淚daho鈥檚 laws were passed specifically to protect the life of the unborn and the life of the mother, Labrador said. "Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho.鈥�
The law makes it illegal to either obtain abortion pills for a minor or to help them leave the state for an abortion without their parents鈥� knowledge and consent. Anyone convicted will face two to five years in prison and could also be sued by the minor鈥檚 parent or guardian. A parent who raped their child will not be able to sue, though the criminal penalties for anyone who helped the minor obtain an abortion will remain in effect.
The Associated Press
