(NewsNation) — Idaho can enforce a first-of-its-kind “abortion trafficking” law, a federal court ruled Monday, making it illegal for anyone who transports a minor across state lines to get an abortion without parental consent.
Advocacy groups working with sexual assault victims are suing the state over the law, which passed last year. For now, the 9th U.S. Circuit Court of Appeals found the law was constitutional and can be enforced.
One part of the law was struck down. “Recruiting” pregnant youth to get an abortion out of state is not illegal, the court ruled, and prohibiting it would violate the First Amendment. In other words, prosecutors can’t charge anyone for suggesting a minor have an abortion.
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“Encouragement, counseling, and emotional support are plainly protected speech,” the court wrote.
Idaho has one of the strictest abortion bans in the country, barring the procedure at all stages of pregnancy. The abortion law makes obtaining abortion pills for a minor illegal in addition to transporting them out of state for an abortion even in states where it’s legal.
“Idaho’s laws were passed specifically to protect the life of the unborn and the life of the mother,” said Idaho Attorney General Raúl Labrador in an emailed statement to the Associated Press. “Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho.”
Those convicted can face two to five years in prison.
