Abortion is Murder in Idaho: Moscow Forum on Abortion

“Abortion is murder under the Idaho statutes currently,” Idaho Representative John Green said on Friday, December 6 at a forum in Moscow. It was an event held at New Saint Andrews College Disputatio.  

At the forum, Idaho State Representatives Heather Scott and John Green presented information about their bill called Abortion Human Rights Act (AHRA). They will be presenting this bill at the next Idaho legislative session in 2020. Joining them to explain the details was citizen bill author Scott Herndon. On the discussion panel were Douglas Wilson, pastor at Christ Church, and Sam Paul, president of Moscow Right to Life. 

Scott Herndon began the forum by giving a brief history of abortion laws in the United States. He cited the 14th Amendment which says “nor shall any state deprive any person of life, liberty, or property without due process.” Since Roe v. Wade in 1973, there have been 36 rulings by the Supreme Court on the issue of abortion. 

“We are not going to capitulate to tyrants,” Herndon said. “We are going to stand on our sovereign right as a state to tell the Supreme Court, and any other federal court, to pound sand. Now, it is legal to do that because the Constitution actually backs us up.” 

He further explained, “Our state officers, these representatives, and our governor and all our state government takes an oath to uphold the constitution of both Idaho and the United States so I would tell you it’s our obligation to ban murder.”

1,300 babies are murdered in Idaho each year. 

Some will say that states cannot defy the federal government, especially a Supreme Court ruling, but Herndon explained that there are dozens of states that have done that very thing with marijuana. 

There is a federal statute that makes marijuana illegal, the Controlled Substances Act. Herndon also noted that there is a specific Supreme Court ruling, Gonzales v. Raich, that makes marijuana illegal. So why are states not obeying that ruling, Herndon asked. 

Herndon also noted several biblical passages that outlaw murder: the command God told Noah, the sixth commandment, and also its reconfirmation in the New Testament.

Rep. John Green then spoke. He explained that he is a practicing lawyer and so he knows the importance of words and terms, especially for this issue. He said he objects to using the term abortion. He said, “Abortion is nothing more than a santized version of the word murder.” 

He then read an excerpt from English Common Law about murder which most states still use today. He explained that malice aforethought is a key part of these laws. 

Green then read from the murder law in Idaho, Idaho Code Section 18-4002: “Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought.”

“Abortion–murder–is murder under the Idaho statutes currently,” Green said.   

But he explained that in Idaho there is a “get out of jail free card.” 

Green then read from Idaho statute 18-4016 which says that no doctor who performs an abortion or any woman who has had an abortion will be prosecuted. This allows abortion to be practiced in Idaho even though Idaho law defines it as murder.

The proposed bill that Rep Scott and Rep Green have created is to remove the exception clause from statue 18-4016. This would then uphold Idaho’s position on abortion as murder.

Rep. Heather Scott then explained why she has created this bill. She said she swore an oath to uphold the constitution. She said that the Idaho constitution speaks “about inalienable rights of all men, one of which is defending life and liberty. I believe a baby or a fetus is a life.”

She then explained that God is the one who defines when life begins and not men. She also asked the audience to pray for this next session in 2020. She said to pray that people would not be deceived.  

After Rep. Scott spoke, there were a series of questions from Pastor Douglas Wilson and Sam Paul.

Wilson asked a question to clarify how abortion as murder would be prosecuted. Would there be one set punishment? 

Rep Green said that this issue would be hard to prosecute. If there are only two people in the room, the doctor and the mother, then it might not be possible to convict either of them. He also clarified later that intent to murder is also a key part in prosecuting this kind of case. It would have to be proven that the mother intended to murder. 

He also explained the idea that a mother could be granted immunity if she were willing to help testify against an abortion doctor. 

Green said that if this bill were passed, the most immediate action by most people looking for an abortion would be for them to go to another state.

Herndon also explained that this bill would be used mostly by prosecutors to shut down abortion facilities. Abortion faciltiies are much easier to investigate and prosecute than individuals.

Sam Paul asked a question about the practical steps of when this bill were passed. He acknowledged that a law like this is likely to get struck down by the federal courts.  

Herndon responded that one important option for states is to not obey the federal court: either not show up to court or to not enforce what the court says. He explained that Idaho has the authority to do that as a state. 

He also said there are bills like this one in eight other states. Some of those states are Alaska, Indiana, Oklahoma, Missouri, Washington, and Texas. 

Herndon said, “When we have the boldness to pass this bill, other states will follow us.”