Idaho agrees not to prosecute doctors over out-of-state abortion referrals

A federal judge signed a consent decree on Thursday permanently barring Idaho from prosecuting so-called healthcare providers who refer patients out of state to abort unborn babies. Idaho Attorney General Raúl Labrador agreed to the consent decree on Thursday, along with prosecutors from Ada and Valley counties, according to a statement from the American Civil Liberties Union, or ACLU. State prosecutors are now barred from prosecuting doctors who counsel patients to seek abortion procedures outside of the state that would otherwise be illegal in Idaho.

What triggered the decree? The agreement, plus $400,000 worth of legal fines on the attorney general's office, marked a settlement ending a lawsuit brought by Planned Parenthood, the ACLU, and other pro-abortion advocates. The groups sued in 2023 after a memo from Labrador suggested that healthcare providers offering information to patients about abortions in other states would violate the state's law protecting unborn babies. Such a violation could threaten a provider’s healthcare license or possibly merit criminal prosecution, according to an in-office letter from Labrador.

What has Labrador said? This agreement just affirms what this office has already shown in court, that state prosecutors don't have the authority to prosecute out-of-state service referrals, Labrador said, according to a report by the Idaho Statesman. Settling this matter avoids unnecessary litigation and keeps taxpayers from paying more costs, he added. Labrador also said Idaho’s strong pro-life protections remain in effect.

Dig deeper: Read Lauren Canterberry’s report on a federal appeals court hearing arguments in a similar case regarding Idaho’s pro-life laws last December.