What Does the Reproductive "Freedom" and Privacy Act Say?

The abortion ballot initiative named the “Reproductive Freedom and Privacy Act Initiative” is no longer simply proposed . Idaho Secretary of State, Phil McGrane, issued a statement on July 15 that it has met all the requirements to be on the ballot this November. And so, it will. You can read the ballot initiative at https://voteidaho.gov/initiatives-amendments/. I encourage you to read it for yourself to understand what it actually says and think about the implications if this ballot passes in November. In my opinion, if this initiative passes, it will open the door to abortion in Idaho even wider than under Roe v. Wade. If this initiative becomes law, it will supersede current Idaho code 18-622, The Defense of Life Act which says that abortions may only be performed in Idaho in cases of rape or incest reported to law enforcement or when the mother’s life is in danger. In the following, I highlight some key things to know and consider about this bill.

Creates a New Legal Right

This bill creates a new legal “right” for women to have abortions. If passed, women will have the “right” to have an abortion without interference from state law and without penalty.

Fetal Viability

This ballot initiative hangs on the core concept of “fetal viability”. It states that without any interference from the state, a “patient” can get an abortion up to the point of “fetal viability”. Fetal viability is defined as the point at which “the fetus has a significant likelihood of sustained survival outside the uterus without extraordinary measures.” So, does this mean that if the mother and doctor live in a rural area that may not have support systems and technology that help make circumstances and measures less extraordinary, that physicians are more free to perform abortions? Can this be used as grounds for late term abortions?

Minor Access

There is no age restriction defined in this initiative. If it passes, a minor will be able to get an abortion or receive other treatment regarding reproductive health care functions or issues in complete privacy without her parents ever being notified! And physicians who perform abortions under this initiative cannot be held liable in any way!

Late Term Abortions

Because of the ambiguity in the definition of fetal viability, this ballot initiative allows for late-term abortions. There are no restrictions in how many weeks or months when an abortion can be performed. Again, it is strictly a judgment call by a physician about the fetal viability of the fetus.

Gender Neutral Language

This bill is written in gender neutral language. It is important for every bill to define key terms. This bill completely avoids using terms like “mother” and “female”. Instead, the proposed initiative uses terms like “patient” or “person seeking reproductive healthcare”.

Definition of a Child

The term “child” is used once in this ballot initiative. There is a complete absence of importance on the unborn child. “Unborn child” is only mentioned in the Initiative’s Long Ballot Title, but not in the bill itself. The bill language is what could become law, not the title. So, the proposed initiative wants you to believe this is strictly a medical procedure. The unborn child is just a medical inconvenience that needs to be disposed of. Under this bill, the unborn child has no rights! The death of a child is not mentioned. There is no concern for the subsequent psychological or moral disruption that the mother experiences. Abortion is simply a medical procedure that a “patient” seeks. There are no spiritual or moral dimensions considered at all.

Trans Agenda

Some argue that because of the gender-neutral language, if this initiative becomes law, it calls for trans-surgeries for minors based on the definition of “Reproductive health care.” The initiative does NOT explicitly state this. However, some have opined that this bill will open a legal path for trans-surgeries because this bill says it is a “right” to obtain reproductive health care. Reproductive health care is defined in this initiative as “health care and other medical services related to reproductive processes, functions and systems. It includes but is not limited to abortion, contraception, fertility treatment, miscarriage care, and prenatal pregnancy and postpartum care.” Because the language is so broad, this initiative can lay the legal stepping stones for the trans-agenda and be a very real part of its strategy.

Cost to Taxpayers

The ballot states that it “does not create a financial obligation on the state, its agencies, or their programs.” This remains to be seen. Today abortions are limited in Idaho to cases of rape or incest for minors or in cases of danger to the mother (Idaho code 18-622 Defense of Life Act). These are similar to the conditions under which the federal government might pay for abortions under Medicaid.

Ballot Title

A proposed long and a short ballot title are available and can be read using the link above. The ballot title describes what the bill is about and it appears on the actual ballot when you go to vote. However, the actual ballot title, that is, the one that will appear on the ballot, may be different than the proposed one available now.

Yes. The bill sponsor has an opportunity to change it.

So when will we be able to read the actual ballot title? I checked with the Secretary of State’s office. It must be available by September 1. We need to remain diligent to read the new ballot title when it is published.

I encourage you to read the abortion ballot initiative carefully yourself and talk about it with others. To stop this bill from passing, we all need to become conversant in what it says and what it implies. We all need to become influencers if we are going to stop this terrible bill from becoming law. I am willing to be a resource to you and meet with groups to walk through these talking points above if you think that would be helpful.

Representative Steve Tanner

Nampa, District 13, Seat B