March 9, 2022

Idaho Senate Approves Texas-Style Heartbeat Law

On March 3, the Idaho Senate voted 28-6 in favor of a bill that would ban abortion after six weeks. The bill uses an enforcement mechanism very similar to Texas's Heartbeat Act, which has so far survived court challenges and remains enforceable.

Just like Texas's law, Idaho Senate Bill 1309 prohibits abortionists from aborting children with detectable heartbeats. This generally happens around the sixth week of pregnancy.

Texas's law allows any private citizen to file civil lawsuits against those who commit, finance, or enable the abortion of protected children. Because the enforcement occurs through civil lawsuits, Texas's law has been able to survive legal challenges.

Idaho's bill has some differences from the Texas law, however. If it is passed into law, only the abortion patient, her direct family members, or the aborted child's father would have the ability to file lawsuits. Additionally, only the abortion provider could be sued, rather than any individual who enabled the abortion.

Next, the bill will go to the Idaho House.