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BOISE, Idaho (AP) — An Idaho committee has introduced legislation banning a common type of second-trimester abortions, even though courts have blocked similar measures in other states.
Dubbed the Idaho Unborn Child Protection from Dismemberment Abortion Act, the measure would make the dilation and evacuation method of abortion illegal in all cases except when a mother's life is threatened by a physical ailment.
Courts blocked such bans in Kansas and Oklahoma enacted last year.
Rep. Ronald Nate, R-Rexburg, told the Senate State Affairs Committee Friday the procedure, commonly called a "D & E," was "laden with power to devalue human life."
"This proposed legislation seeks to remove one method of abortion," he said. "The dismemberment abortion is a brutal and gruesome procedure and damages the integrity and ethics of the medical profession."
He said if the ban is imposed, at least five other abortion methods would still be available for women as alternatives.
The measure was met with strong opposition from the committee's two Democrats, who called into question the proposal's intent and legality.
Sen. Cherie Buckner-Webb, D-Boise, asked why a psychological illness doesn't qualify as a serious health risk to a woman's life, like the physical ailments mentioned in the bill.
"Is the intention (of the bill) that we would rather a woman kill herself rather than terminate a pregnancy?" she asked.
Nate denied that interpretation of the bill's language, but noted he wasn't a medical attorney. He said during a legislative hearing, the committee could discuss that question with legal experts.
Sen. Michelle Stennett, D-Ketchum, also criticized the measure, calling the bill's language disturbing and arguing that the proposal should contain the correct medical terminology. It would likely be deemed illegal in the courts, she argued.
"I inherently dislike considering bills that we know that aren't going to have constitutional muster right out of the gate," she said.
However, Republicans also questioned the proposal's legality after Nate said he was unclear about Idaho Attorney General Lawrence Wasden's opinion on the matter.
Sen. Bart Davis, R-Idaho Falls, said he hoped the attorney general's office would support the bill and said such support would be needed for the committee to have a legislative hearing.
"You and are on the same page," Davis said. "We don't have a different heart at all on the issue."
Nate assured the committee he would consult with Wasden to receive a legal opinion on the measure before the bill receives a legislative hearing.
The Republican-controlled committee voted to introduce the measure, but the bill still has to clear a legislative hearing before facing the Senate for a vote.
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