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Nineteen states are currently considering legal challenges.
The right to procreate is also the right to abort, a lawyer challenging Idaho’s new statute banning abortion said recently.
A so-called trigger law passed in 2020 anticipating the reversal of Roe v. Wade became operative in the state on Aug. 25, 2022, banning abortions in Idaho except in the cases of rape, incest and the life of the mother. But advocates for legal abortion claim the new law violates what they describe as a fundamental right.
“The Idaho Constitution protects the fundamental right to procreation,” Alan Schoenfeld, a lawyer representing Planned Parenthood, told the Idaho Supreme Court during oral arguments in October. “… An obvious incident to the right is the decision whether to procreate, as numerous state courts have recognized.”
“Why is that obvious? It would seem to me that procreation would be the opposite of abortion,” Idaho Justice Gregory Moeller said, interrupting.
Continued below.
www.ncregister.com
The right to procreate is also the right to abort, a lawyer challenging Idaho’s new statute banning abortion said recently.
A so-called trigger law passed in 2020 anticipating the reversal of Roe v. Wade became operative in the state on Aug. 25, 2022, banning abortions in Idaho except in the cases of rape, incest and the life of the mother. But advocates for legal abortion claim the new law violates what they describe as a fundamental right.
“The Idaho Constitution protects the fundamental right to procreation,” Alan Schoenfeld, a lawyer representing Planned Parenthood, told the Idaho Supreme Court during oral arguments in October. “… An obvious incident to the right is the decision whether to procreate, as numerous state courts have recognized.”
“Why is that obvious? It would seem to me that procreation would be the opposite of abortion,” Idaho Justice Gregory Moeller said, interrupting.
Continued below.
Abortion Bans Are in Hands of State, Not Federal, Judges in Wake of Dobbs Ruling
Nineteen states are currently considering legal challenges.
