BOISE, Idaho — Across the nation, pro-life advocacy and policies protecting the life of developing children in the womb continue to flounder as a wave of pro-abortion measures were passed during the 2024 General Election, more than two years after the reversal of Roe v. Wade.
Based on election results in 10 states, marketing by the pro-abortion industry was effectively used to erode the value of motherhood and the preborn child’s right to life. Only Florida, Nebraska, and South Dakota voters held the line and defeated amendments that would have enshrined a “Right to Abortion” in their state constitutions. With a 55% majority, citizen voters in Nebraska amended the state constitution to prohibit elective abortion after the first trimester with exceptions for medical emergency, rape, or incest.
Colorado and New York passed the most aggressive pro-abortion laws by constitutional amendment. Colorado approved Amendment 79 which creates a “Right to Abortion” in the state constitution and allows public funds to be used for elective abortions. New York also passed a “Right to Abortion” law by amending Article 1, Section 11 of the New York Constitution to include several new “protected” demographics. Neither state’s new law placed any restriction on elective abortions.
No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in [his or her] their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state, pursuant to law.
New York State Constitution § 11, amended
Arizona, Maryland, Missouri, Montana, and Nevada all passed “Right to Abortion” laws to various degrees. Arizona enacted a law that provides for the “Right to Abortion,” but limits the “right” to pre-fetal viability. Maryland defines its “Right to Abortion” law as “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.” This language effectively guarantees elective abortion through the third trimester.
Missouri passed a Constitutional Amendment with just 51.7% of the vote. This amendment created a “Right to Reproductive Freedom” and there is no restriction based on fetal viability or the heartbeat of the child. Montana used the initiative process to bypass the state legislature and passed a “Right to Abortion” law that allows for elective abortions through the third trimester. According to reports by Montana Free Press, the initiative was backed by Montanans Securing Reproductive Rights, which is composed of Planned Parenthood of Montana, the ACLU of Montana and Forward Montana.
Nevada’s “Right to Abortion” law provides for a state constitutional amendment, but maintains a provision that allows the state to regulate abortion after fetal viability, except where medically indicated to “protect the life or health of the pregnant patient.” It is noteworthy that the language says “pregnant patient” instead of “pregnant woman.”
Meanwhile, Idaho has been leading the nation in protection for preborn children. The “Defense of Life Act” was passed in 2020, put into effect August 2022, and amended in 2023 to prohibit abortion after six weeks; the law has already been upheld by the Idaho Supreme Court. Ectopic and non-viable pregnancies do not fall within the definition of abortion, and Idaho law allows for abortions during the first trimester in instances of rape and incest, and at any time when “necessary to prevent the death of the pregnant woman.”
Idahoans can expect upcoming state legislation that further protects the life of developing children in a mother’s womb while supporting mothers, including the allocation of more resources to crisis pregnancy centers and promotion of traditional family values.
The Idaho Secretary of State announced a “Reproductive Freedom and Privacy Act” initiative is currently being circulated for signatures. This initiative would add a new section to Title 39 and would upend Idaho’s “Defense of Life Act” with abortion on demand, while allowing the state to regulate abortion after fetal viability. The initiative is backed by Idahoans United for Women and Families.
