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Abortion Human Rights Act Released

It is NOT the United States Supreme Court case of Roe v. Wade that makes abortion legal

Idaho Abortion Human Rights Act

Abortion Human Rights Act Released


Idaho State Representative Heather Scott (R-1) has released a draft of the Idaho “Abortion Human Rights Act” (AHRA) today.  The Republican legislator has again taken a stand to protect the most vulnerable of all Idahoans, the unborn. Currently, 28 preborn children are killed every week in abortions in Idaho.  Yet, like the rest of us, the preborn are endowed with the same set of inalienable human rights including life, liberty, the pursuit of happiness, and safety, and these rights should be vigorously protected by the state.

Scott maintains that it is NOT the United States Supreme Court case of Roe v. Wade that makes abortion legal in Idaho. Instead, Idaho statutes allow murder by abortion. Idaho Code 18-4001 rightfully defines murder as “the unlawful killing of a human being including, but not limited to, a human embryo or fetus”, but the same chapter of Code, section 18-4016, specifically grants permission to murder by abortion by prohibiting its prosecution.

The Abortion Human Rights Act honors Article 1, Section 18 of the Idaho Constitution, which states that “Courts of justice shall be open to every person”.  Idaho Code section 32-102 states that “a child conceived, but not yet born, is to be deemed an existing person.” The AHRA is aimed at the heart of abortion, that abortion is the murder of an innocent human being in violation of the Idaho Constitution.

To accomplish this historic protection of human rights for the unborn in Idaho, AHRA simply repeals the prohibition of prosecution for abortion and directs the Idaho Attorney General and prosecutors of Idaho’s cities and counties to exercise their constitutional authority to prosecute murder by abortion

Since 2010, Idaho has attempted 18 pieces of pro-life legislation, none of which successfully banned any abortions before 24 weeks gestation. Federal courts have consistently written that states may not ban abortions before 24 weeks. Scott emphasizes that unlike those 18 judicial supremacist bills, the AHRA is not another attempt to establish a test case for federal judicial review. “The courts render opinions, and in the cases of abortion, their opinions are not only unconstitutional, but inhumane. The State of Idaho and its officers are bound by oath to exercise independent judgment of the text of both the federal and state constitutions. Neither of those documents support a right to murder the preborn,” said Scott. Unlike all past pro-life laws, if enacted on July 1, 2020, the AHRA will not compromise with death and will ban ALL abortions in Idaho, saving the lives of 1,300 children every year.

Scott understands that as a sovereign state within the federal republic, Idaho has the fundamental duty and authority to act as an actual check to the federal government any time it errs on serious constitutional issues.  Idaho’s executive and legislative branches have the lawful authority to ignore egregious unconstitutional opinions of the judiciary.

“Courts don’t make laws, the legislature does, and we are bound by our oath of office to protect the fundamental human rights of all Idahoans. For those who say Idaho may not ignore the courts, consider that 44 states are ignoring the Supreme Court’s 2005 Gonzales v. Raich decision in their marijuana legalization. Those same states are even defying the federal Congress’ actual law criminalizing marijuana, the Controlled Substances Act. Surely the lives of small human beings are more valuable and crucial to a humane society than a plant,” said Scott. 


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