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In Idaho, Taking a Minor Out of State for an Abortion Is Now a Crime: 鈥楢bortion Trafficking鈥

MOSCOW, Idaho 鈥 Mackenzie Davidson grew up in a Mormon household and sheepishly admits she knew little about pregnancy.

鈥淭his is embarrassing,鈥 she said, sitting outside a caf茅 along a street thronged with students in this college town. 鈥淏ut I didn鈥檛 know that you had to have sex to have kids until I was 13 or 14.鈥

She鈥檚 a writer for the University of Idaho student newspaper, The Argonaut, and was asked recently to report on a new law. It鈥檚 now a crime to help a teen under 18 leave the state for an abortion or obtain medication abortion pills without parental consent 鈥 including when the girl has been sexually assaulted or raped by a family member or parent. Gov. Brad Little, a Republican, in signing the bill, wrote that the law does not 鈥渓imit an adult woman from obtaining an abortion in another state.鈥

Davidson, 19, reached out to interview state Rep. Barbara Ehardt, a Republican co-sponsor of the bill, who touted her .

鈥淪he kept saying that it was about parental rights,鈥 Davidson said. But 鈥渢he thing that really caught my attention was the fact that they were calling it 鈥榓bortion trafficking.鈥欌

The law creates a crime of 鈥渁bortion trafficking鈥 and criminalizes the 鈥渞ecruiting, harboring, or transporting鈥 of minors without parental consent. In a floor speech before the Idaho Legislature voted on the bill, Ehardt said, 鈥淲e are only looking to protect our children.鈥

Idaho鈥檚 鈥渢een travel ban,鈥 as it鈥檚 known here, took effect May 5, nearly 11 months after the U.S. Supreme Court eliminated the federal constitutional right to abortion. Any adult, including an aunt, grandparent, or sibling, convicted of violating the criminal statute faces up to five years in prison. Under a separate state law, family members of the pregnant minor and the sexual partner involved can sue any health care provider who helped terminate the pregnancy for financial damages.

鈥淚f you're successful, you're guaranteed $20,000 minimum, and that's per claim per relative,鈥 said Kelly O鈥橬eill, an Idaho litigation attorney for Legal Voice, a progressive nonprofit.

鈥淚daho has a lot of big families,鈥 she added.

Under the new law, even when a parent gives consent, the person accompanying the minor would need to provide an 鈥渁ffirmative defense鈥 proving they were acting with the permission of a parent of the teen.

鈥淵ou could still be charged, arrested, perhaps even have to go all the way to a jury trial and prove in a courtroom that your sister gave you permission,鈥 O鈥橬eill said.

Legal experts say Idaho鈥檚 travel ban, based on a model bill written by National Right to Life, one of the country鈥檚 largest anti-abortion groups, is designed to sidestep implied constitutional protections for interstate travel. The law targets travel assistance within and up to the state鈥檚 border, effectively criminalizing medical care legally obtained in neighboring states.

鈥淭his is one of the next frontiers of abortion litigation,鈥 said David S. Cohen, a constitutional law professor at Drexel University. 鈥淭hey're clearly pushing this kind of law with other states.鈥

In response to potential legal threats, on April 27, Washington Gov. Jay Inslee, a Democrat, signed barring law enforcement from cooperating with other states鈥 abortion investigations. Those laws shield medical providers from lawsuits and protect their medical licenses from being revoked.

But in communities like Spokane, Washington, just 20 miles from the Idaho border, there is a sense of unease.

鈥淲e have staff who live in Idaho who commute,鈥 said Karl Eastlund, CEO of Planned Parenthood of Greater Washington and North Idaho. 鈥淚t's one big economic region, when you think of the border communities here.鈥

When asked if he was concerned that medical staff members living in Idaho could be criminally charged for the abortion care they provide every day, he said, 鈥淲e have told our providers we will handle all of your legal fees and we'll provide lawyers to help you sort out anything that happens.鈥

He added, 鈥淚t's something we think about a lot.鈥

After Sunday morning Mass at St. Augustine鈥檚 Catholic Center in Moscow, Ryan Alexander tended to his 17-month-old daughter, Penelope, as she toddled about the church courtyard. Alexander, 25, a married law student at the university here, said ending any pregnancy violates his Catholic beliefs.

He has read the text of the bill, he said, 鈥渁nd the way it鈥檚 written is actually incredibly prudent.鈥 No adult, he said, can act in place of a parent.

鈥淭hat's just kidnapping, by any means, if you take a girl away from her parents when she's a minor and her parents have authority over her,鈥 he said.

Alexander said he understands that some teenage girls are sexually abused at home or have dysfunctional relationships with their parents. Still, he supports the law.

鈥淲hen we look at situations like that, my heart goes out to them. What can I do but pray from a distance and think, how can that be better?鈥 he said. But 鈥渢wo wrongs do not make a right.鈥

Idaho patients, including teenagers, have long crossed into Washington state to legally end their pregnancies. Eastlund said fewer than 5% of the clinics鈥 patients who come for abortion care are minors.

Most of those patients, he said, do involve their parents in the process, even though parental consent is not mandatory in Washington. Those who don鈥檛, Eastlund said, have good reason not to. Some are in dangerous, abusive situations in which disclosing a pregnancy could put them at risk of further harm.

鈥淲e're talking about sexual abuse and incest,鈥 said Eastlund, sitting upstairs at the clinic in Spokane. 鈥淚t's not stuff people want to talk about, but, unfortunately, it's more common than people think.鈥

On the shores of Lake Pend Oreille, in Sandpoint, Idaho, Jen Jackson Quintano said she wants her daughter, Sylvia, 8, to have trusted adults around whom she can turn to when she鈥檚 a teenager.

鈥淚 think back to my teenage years when I was in high school, I had a boyfriend that I loved, and I was sexually active,鈥 she said. At the time she thought, 鈥淚f I get pregnant, I would rather just die, just end it, than have to figure this out and tell my parents.鈥

Quintano said that while growing up in the Roman Catholic Church, she was taught that sex, contraception, and abortion were shameful, and she is raising her daughter under a different set of beliefs.

鈥淪hame as a woman 鈥 it's a powerful form of control, and I don鈥檛 want her to walk that path of shame,鈥 Quintano said. 鈥淚 want her to feel comfortable in her body.鈥

Idaho鈥檚 teen abortion travel ban and the financial rewards for reporting citizens who obtain abortions are already dividing the tightknit fabric of Sandpoint鈥檚 community, she said.

鈥淲e don't know who to trust,鈥 Quintano said. 鈥淲e don't know who we can talk to.鈥

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