ONTARIO — What will be the impact of Idaho Senate Bill 1309? That’s the question on many minds, as the bill was signed into law by Idaho Gov. Brad Little on March 18.
Known as the Fetal Heartbeat Preborn Child Protection Act, it restricts access to abortions after six weeks of gestational age. This is the average length of time it takes for a woman to know she is pregnant. It also allows a patient’s relatives as distant as aunts and uncles to sue the provider who performed it. Moreover, it carries an emergency clause making it effective within 30 days.
Until then, the nearest places for women in southeastern Oregon and western Idaho to access an abortion are Meridian and Boise. After that, the next-closest place will be in Bend, which is 250 miles from Ontario, or farther away on the western edge of the state.
In preparation for women from other states coming to Oregon, where abortion is still an option, the Oregon Legislature recently approved $15 million to create a reproductive health equity fund, which is being set up by Seeding Justice. The funding would help Oregonians and people from other states seeking any reproductive health care — such as abortion — pay for expenses, such as travel or lodging.
‘Really Worried’ For Eastern Oregon
Oregon’s Former House Speaker Tina Kotek left her seat early this year to join the gubernatorial race in the Democratic Primary. She helped pass House Bill 2012 in 2017, creating and funding the Eastern Oregon Border Economic Development Region and board. Kotek stayed involved with the group which facilitates economic development and addresses challenges of border communities until she left the Legislature. As such, she is aware of some of the many challenges faced in the rural area.
On March 17, she joined officials from Planned Parenthood Advocates of Oregon in a news conference condemning the actions of the Idaho Legislature.
The newspaper was able to catch up with her over the phone ahead of the conference.
“It’s a really impactful issue in eastern Oregon,” Kotek said. “What I’m worried about is the huge consequences on people who have to make very personal choices.”
Kotek said Idaho’s “archaic ban” would require residents in both states to find abortive health-care somewhere else.
“With the emergency clause of 30 days, it’s not going to be long before people need help,” Kotek said.
While the state’s fund is still being set up, Kotek said the Northwest Abortion Access Fund at https://nwaafund.org is up and going and has been for some time, due to access challenges that already exist in rural areas.
Kotek expressed concern for health-care providers who could face legal action for providing an abortion.
“I’m thinking for health-care providers in Idaho, it will silence them. Make them afraid to do anything, no matter how they feel,” she said. “I also see that carrying over to Oregon, where they may worry about liability.”
However, all reproductive services are protected in Oregon, and will continue to be even if the Supreme Court were to overturn Roe v. Wade, giving control back to states. Oregon lawmakers passed the Reproductive Health Equity Act in 2017. Kotek says it is the strongest such law in the United States and includes preserving access to abortion.
She says Oregon’s equity act may mean more people coming here for such services.
“I’m really worried for what this means for people in eastern Oregon. This idea that life stops at a border,” Kotek said. “When you live in part of the world like Malheur County, Idaho’s [actions] have significant consequences on Oregonians. The message [in Oregon] is, ‘We will take care of you.’”
Unborn ‘Better Protected’
SB 1309 was introduced on Feb. 11 by the Senate State Affairs Committee. It passed the Idaho Senate with a vote of 28-6-1 on March 3. This followed by a nod of the House of Representatives 51-14-5 on March 14.
In February, the Idaho Attorney General’s office provided an opinion to Sen. Grant Burgoyne, D-Boise, saying the bill would likely be found to violate constitutional rights under existing federal law, according to an article in the Idaho Capital Sun. It said although the bill was written to begin 30 days after enactment, a challenge in court would likely find it unconstitutional.
Payette and Washington County, Idaho, fall within Idaho’s District 9. Lawmakers for that district are Sen. Abby Lee, R-Fruitland, and Reps. Judy Boyle, R-Midvale, and Ryan Kerby, R-New Plymouth. All voted yes on the bill.
The newspaper reached out to them for comment; Lee did not respond by press deadline.
“I have always been pro-life and have voted accordingly,” Boyle replied in an email. “The unborn baby has DNA from both mother and father which makes the unborn baby a unique human being. In America, government is required to protect innocent human life.”
Kerby, in an emailed response on Tuesday, said he sees a need to improve the rights of unborn children in Idaho.
“In my opinion the rights of the unborn, living, human being is better protected by this bill than at present,” wrote Kerby. “This bill goes into effect if/when Roe v. Wade is remanded back to the states,” adding that he sincerely hoped that happened sometime this summer.
It’s noteworthy that the Supreme Court did not grant an injunction preventing a similar law passed in Texas in September of 2021 from going ahead.
Kerby emphasized that in his view, life begins as soon as a child is conceived. But, he said he accepts that a heartbeat is needed to determine that a child is on its way to being born.
“That human needs to be protected, and this bill does that,” he said.
Kerby further stated that the bill addresses women’s health issues related to reproduction.
Offering Hope And Alternatives
A Google search for abortion providers shows Hope Pregnancy Center, a nonprofit in Ontario. However, abortions are not offered there. The center does offer after-abortion support and a host of other free services.
Services related to pregnancy include testing, ultrasound, education, parenting and mentoring classes.
As explained by Executive Director Hector Juarez in an email reply on Thursday, there are myriad other free services Hope Pregnancy provides. These include testing for and education on STI’s, providing healthy relationships education to students in local schools and referrals. However, the center does not refer for or perform abortions, Juarez clarified.
The center serves clients from Malheur County, as well as from Payette and Washington counties on the Idaho side.
If a person goes there seeking an abortion, the center is “able to provide a medically verified pregnancy test (conducted by a registered nurse), provide a limited obstetric ultrasound (for those who qualify) by a licensed RDMS (Sonographer), and we are able to provide compassionate, caring and nonjudgmental information and education to clients about parenting, adoption and abortion,” Juarez said.
The center opened its doors in 1986, and is a medical facility governed by a board of directors which operates under a licensed medical doctor.
In addition to services, when clients go to the Hope Pregnancy Center, they get information about abortion procedures and risks. Juarez said 99% of the center’s clients have expressed a positive experience at the center and would recommend others.
“We are able to offer ‘hope’ to our clients- hope for the future, hope for their family, and hope for their preborn children,” he said.
A Personal Story
As far as his personal opinion on abortion, Juarez believes “every child from conception to birth should be afforded equal dignity, protection and care,” and that it is “an act of violence upon a human and person by unjustly and prematurely ending their life.”
He said abortions do not minimize the trauma and pain experienced by some as a result of rape or other extreme situations. Hope Pregnancy seeks to encourage and care for clients and respect personal pregnancy decisions, “and understand that at times they do end up seeking abortion.”
Juarez said his grandfather was “conceived out of rape and adopted by a loving family who cared for him.” He went on to have 11 children of his own, including Juarez’ mother.
“If abortion would have ended my grandfather’s life, I and countless others would not have been afforded the opportunity for life,” Juarez said.
Care Net
Juarez has been with Hope Pregnancy Center since 2018 and before then he was the Men’s Ministry Director. The center is affiliated with Care Net (a national pregnancy center resource provider). Juarez provided the 2019 impact report for Oregon and Idaho pregnancy centers.
In 2019 in Oregon, 22 pregnancy centers, including the one in Ontario, provided services and materials valued at more than $1.3 million to 12,520 women, men, youth and families.
There were only seven pregnancy centers providing those free services in Idaho in 2019, which provided services valued at $299,000 to 5,462 women, men, youth and families.
