Prop 1 Would Create a Statutory ‘Right’ to Abortion Under Idaho Law

This November, Idaho voters will decide whether to pass Prop 1, the so-called Reproductive Freedom and Privacy Act.

A “Yes” vote creates a statutory “right” to abortion in Idaho until fetal viability. A “No” vote would leave in place Idaho’s Defense of Life Act, which protects babies from fertilization.

Prop 1 is a citizen-initiated statute. If it passes on November 3, it will take effect on January 1, 2027, as new state law.

Under Idaho’s current law, the Defense of Life Act, babies are protected from abortion except to prevent the death of the pregnant mother or during the first trimester when rape or incest are reported to law enforcement.

If approved, Prop 1 would create a “right” to abortion for any reason until fetal viability — the point when a baby can survive outside the womb.

But the initiative goes even further. 

It redefines fetal viability as the point when a physician determines a preborn baby has a “significant likelihood of sustained survival” outside the womb “without extraordinary medical measures.”

The language does not define what counts as an “extraordinary medical measure” and would give abortionists the power to decide which babies die. 

That ambiguity could have significant consequences later in pregnancy, including in the third trimester, when a baby may be capable of surviving outside the womb but might require intensive medical support.

The measure does not say whether common NICU interventions for extremely premature babies— like a ventilator — would be considered an “extraordinary medical measure.” 

It is unconscionable to think that Prop 1 might sentence a viable premature baby to death because he or she needs a ventilator in the NICU.

Stop Prop 1, the campaign to defeat Proposition 1, explains that this initiative would:

• Legalize late-term abortions — for any reason.

• Eliminate requirements for minors to obtain parental consent before getting an abortion.

• Redefine “fetal viability.”

• Eliminate safety requirements that only doctors can perform abortions.

Idaho already has one of the strongest life-protecting laws in the nation. Prop 1 would remove that protection and give abortionists the power to decide which babies die.

This ballot measure is designed to replace Idaho’s life-protecting laws and make future protections for babies, women and families more difficult to pass.

The campaign supporting Prop 1 is led by Idahoans United for Women & Families. 

Opposing the measure is Too Extreme for Idaho/Stop Prop 1, a coalition that includes the Idaho Family Policy Center, Idaho Chooses Life, Right to Life Idaho and the Roman Catholic Diocese of Boise.

According to Idaho Capitol Sun, supporters of Prop 1 have reported about $5.2 million in contributions, compared with roughly $2.5 million raised by opponents, as of the latest financial filings. 

Activists need a simple majority of the votes to pass the abortion measure.

It is critical for pro-life Christians to pray, vote, and encourage friends and neighbors to do their part to defend human life. 

Early voting in Idaho begins as early as October 13. Election Day is November 3.

Please vote to defend life when you cast your ballot this fall.