Idaho group files four initiative proposals to restore abortion access to state with ban

Florina Ruvio, an early childhood development specialist and board member of Idahoans United for Women and Families, signs the petition to submit four ballot initiative proposals to restore abortion access in Idaho. (Courtesy of Melanie Folwell)

Editor’s note: This story was updated at 10: 27 a.m. with a statement from Idaho Attorney General Raúl Labrador.

The organizers of an Idaho ballot initiative to restore access to abortion and protect all other types of reproductive care have filed four proposals with the offices of state attorney general and secretary of state — the first hurdle the initiative needs to clear before gathering signatures.

Melanie Folwell, organizer and spokesperson for Idahoans United for Women and Families, said the group is putting forward four policies for approval but will only select one to be circulated for signatures.

“We’ve worked on these for a year now with stakeholders and lawyers, and we want to put that work in front of the secretary of state and the attorney general and, quite frankly, in front of the public, and then we will decide on the best course of action moving forward,” Folwell said.

Idaho has a near-total ban on abortion with narrow exceptions for rape and incest during the first trimester of pregnancy and to save the pregnant patient’s life. Those convicted of performing an abortion face two to five years in prison and the revocation of their medical license, along with potential civil lawsuits from family members of the person who terminated a pregnancy.

Federal court sets date for EMTALA oral argument hearing in Idaho-based case

Idaho was also at the center of a U.S. Supreme Court case this year over whether the ban conflicts with the federal Emergency Medical Treatment and Active Labor Act, or EMTALA, which requires hospitals to provide stabilizing emergency care to anyone who comes to a hospital that accepts Medicare funds. During a four-month span when the Supreme Court was weighing the case, doctors in Idaho airlifted six patients to neighboring states for maternal complications rather than risk prosecution. A year earlier, only one needed to be airlifted.

Rather than rule on the question of whether the ban means physicians would be subject to prosecution for providing an abortion in an emergency, the court sent it back to an appeals court to be further litigated. It may return to the U.S. Supreme Court next year after the Ninth Circuit Court of Appeals holds its hearing in the case in December.

Folwell said the national focus on the case was helpful for raising awareness of the issue.

“It certainly drew attention to the fact that there was a problem, and in doing so highlighted the stories of doctors, hospitals and women being (airlifted) out of the state,” she said. “I think for most folks, that’s not necessarily the Idaho they want to live in or raise a family in, or have their kids raise a family in. It doesn’t feel consistent with their values.”

Three proposed policies would establish right to contraception, fertility treatments in Idaho

The group, which includes residents from across the state as well as obstetricians and family medicine doctors, launched in mid-April with a goal of qualifying the measure for the 2026 midterm election. Eight states will have an abortion question on their November ballots this year, and the results may be instructive for those that intend to try for the same in 2026. Idaho has a citizen ballot initiative process, but only its Legislature can propose constitutional amendments, unlike many other states. So instead of a constitutional amendment, the voters are asked to approve a citizen-crafted piece of legislation to be adopted.

The measure requires a simple majority of voters to pass.

Three of the proposed policies that were submitted include the establishment of a fundamental right to contraception and fertility treatments, including in vitro fertilization, to make decisions about pregnancy and childbirth, and legalizing abortion with differing limits, including:

• Before fetal viability, as well as preserving the right to abortion after viability in medical emergencies.
• Before 20 weeks and in cases to protect the life and health of the pregnant patient.
• Before 24 weeks.

The fourth proposal does not include the rights to contraception and fertility treatments, and only establishes exceptions to the existing abortion policy, legalizing abortion in cases to protect the life and health of the pregnant patient, in a medical emergency, for fatal fetal anomalies and in cases of rape and incest.

The full piece of legislation includes language that says the new policy applies “Notwithstanding any other provision of law,” which Folwell said is meant to disentangle it from existing laws that may be in conflict and prevent future attempts to continue to restrict abortion access even if the measure passes.

Although the Idaho Legislature could repeal the legislation entirely if it passes, Folwell said they are prepared to follow up with a referendum in that case that would ask voters to reaffirm the question.

Dr. Loren Colson, a family medicine physician in Boise and president of the Idaho Coalition for Safe Healthcare, which has been outspoken about changing Idaho’s abortion law, said in a press release that repeated attempts to change the law through traditional means have failed.

“For two years, the Idaho Legislature had full power and ability to fix this problem, and they have failed to act. We tried our best to meet with legislators and make our plea for a fix, but our personal accounts of the harms these laws have caused to Idahoans fell on deaf ears,” Colson said. “They’ve failed doctors, pregnant women and patients throughout this state. As health care professionals, we are committed to making decisions based on the best interests and health of our patients.”

Preparing for possible legal battles with state attorney general over ballot titles

Idaho Attorney General Raúl Labrador now has 20 working days to review the language, provide any feedback and provide a certificate of review to Secretary of State Phil McGrane’s office. Idahoans United would then submit the final versions for titling by Labrador’s office.

Folwell said the group is prepared to respond if Labrador, who has been outspoken about his anti-abortion views , titles the proposals in a misleading or prejudicial way. That happened one year ago with another ballot initiative in Idaho that may change the state’s electoral process — the organizers of the petition, Reclaim Idaho, said Labrador titled the measure in a misleading and inaccurate way, and they prevailed after an appeal to the Idaho Supreme Court. The justices ordered Labrador to retitle the initiative.

Group launches effort to explore ballot initiative restoring abortion access in Idaho

“I look forward to working with the proponents to craft true and impartial ballot titles for these proposed initiatives, as required by Idaho law,” Labrador said in an emailed statement on Thursday.

In Missouri, which has a similar near-total abortion ban, organizers announced this week that their initiative to restore abortion access up to viability officially qualified for the November ballot. In that case, organizers submitted 11 versions to the state attorney general’s office, and spent months in court battling over what they argued were prejudicial ballot titles.

Once the petition is approved, Idaho organizers can gather signatures for 18 months before April 30 of the election year, and must meet a signature threshold equal to at least 6% of registered voters from the prior election in 18 of the state’s 35 legislative districts. At the moment, that is projected to be about 70,000 to 80,000 voters, Folwell said.

If all goes well, signature gathering would likely begin in January, and hundreds of people have already expressed a desire to volunteer, according to Folwell. Fundraising for the initiative has been robust and dollars have come entirely from Idahoans so far. She declined to specify a dollar amount that the 501(c)(4) group has taken in so far, but future donations will be public once the petition is filed and ready to circulate.

The group intends to hold a house party fundraiser at the end of the month that was originally planned to be a small gathering, but now it has 250 people scheduled to attend.

“The momentum we’re feeling, the enthusiasm we’re feeling, speaks to the need to fix this,” Folwell said. “(People) understand this is a problem, they understand the urgency and they are expressing that through donations.”

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