|
Proposition One: Educational Guide for IMA Members
What the Reproductive Freedom and Privacy Act says – and does not say
IMA Official Position on Proposition 1
This policy was adopted by the IMA Board of Trustees (BOT) and affirmed by the House of Delegates in 2025:
IMA will remain neutral on the Idahoans United for Women & Families abortion ballot initiative, while providing educational updates to members and encouraging individual members to engage in the process as they see fit.
To read the BOT's rationale for adopting this policy, CLICK HERE.
In accordance with our adopted policy, IMA is providing this educational overview to help members understand the measure's clinical and legal language. IMA does not endorse or oppose Proposition 1, and members should make their own voting decisions. Idaho voters will consider the Reproductive Freedom and Privacy Act at the November General Election. The measure would create a statutory right to reproductive freedom and privacy, covering decisions about abortion, childbirth care, contraception, fertility treatment, miscarriage care, and prenatal, pregnancy, and postpartum care.
As the November 3 election approaches, questions have arisen about three provisions of the measure. The following overview examines their language and potential implications.
Fetal Viability
Proposition 1 provides the following definition:
"Fetal viability" means the point in a pregnancy when, on the basis of a physician's good faith medical judgment, based on the facts known at the time, and determined on a case-by-case basis, the fetus has a significant likelihood of sustained survival outside of the uterus without extraordinary medical measures.
Fetal viability is commonly understood to be in the 20-24 weeks range of pregnancy. Proposition 1 allows abortion before fetal viability but does not establish a general right to abortion after viability. After fetal viability, the state may regulate abortion, subject to an exception for medical emergencies.
Proposition 1 provides the following definition:
"Medical emergency" means a physical medical condition that, on the basis of a physician's good faith medical judgment, based on the facts known at the time, and determined on a case-by-case basis, complicates the medical condition of a pregnant patient as to warrant an abortion:
i. To protect a pregnant patient's life; or
ii. For which a delay may:
- Place the health of a pregnant patient in serious jeopardy;
- Cause serious impairment to a bodily function of a pregnant patient; or
- Cause serious dysfunction of any bodily organ or part of a pregnant patient's body.
Parental Consent
Current Idaho law specifically requires written consent from a parent, guardian, or conservator before an abortion may be performed on an unemancipated minor. It includes a confidential judicial-bypass process and exceptions for specified circumstances, including medical emergencies.
Proposition 1 does not expressly repeal the parental consent statute. It also does not expressly preserve it. The initiative states that "every person" has the protected right, applies notwithstanding contrary law, restricts state interference unless it satisfies the measure's standard, and directs that its provisions be construed in favor of reproductive freedom and privacy.
It would be too categorical to say either that Proposition 1 unquestionably eliminates parental consent or that it unquestionably leaves the existing requirement untouched. IMA's interpretation is that the specificity of the current parental consent law would likely override the general provisions of Proposition 1. If the measure passes, the relationship between its protections and existing parental consent laws could require legislative clarification or judicial interpretation.
Gender Transition Care for Minors
The initiative does not mention gender identity, gender transition treatment, puberty blockers, hormone therapy, or transition-related surgery. It's stated subject is reproductive health care, and its examples concern pregnancy, abortion, childbirth, contraception, fertility, miscarriage, and related care.
Similar language regarding reproductive freedom exists in dozens of states across the country, and IMA is not aware of a single instance in which these laws have been construed to provide gender affirming care for minors.
Key Takeaways for IMA Members
- Proposition 1 is broader than an abortion-only measure; it protects multiple forms of reproductive health care.
- It protects abortion before fetal viability and permits state regulation afterward, subject to a medical emergency exception.
- Viability is determined case by case through a physician's good-faith medical judgment.
- The text does not expressly authorize gender transition care for minors.
- The effect on existing parental-consent requirements is a legitimate legal question, not a settled fact stated in the initiative. IMA's interpretation is that the specificity of the current law would likely prevail.
- Members evaluating public claims should distinguish among the initiative's express language, reasonable questions about how that language may interact with existing statutes, and predictions about future litigation.
|