Idaho voters will consider Proposition 1 on the November ballot, choosing whether to repeal the state’s near-total abortion ban enacted in 2022 and replace it with protections for abortion access through fetal viability.

The initiative would allow abortions until viability, with state regulation permitted after that point. It would exempt medical emergencies from post-viability restrictions.

Current Idaho Law

Idaho’s Defense of Life Act makes most abortions a felony, subject to limited exceptions. State law permits first-trimester abortions following rape or incest when there is a corresponding police report, and it permits an abortion when necessary to prevent the pregnant woman’s death.

Health-care professionals convicted of violating the law can face up to five years in prison. A first offense can bring a six-month suspension of a professional license, while a later offense can result in permanent loss of that license.

A separate lawsuit is seeking broader exceptions where a pregnant woman’s health is at risk.

Terms of the Ballot Measure

Proposition 1 would protect health-care providers from criminal prosecution, civil liability and professional discipline for care provided in line with the initiative. It also would establish rights related to childbirth care, contraception and fertility treatment.

The proposal uses fetal viability as its central threshold. In its 1973 decision in Roe v. Wade, the U.S. Supreme Court described viability as when a fetus “has the potential to live outside the mother’s womb, albeit with artificial aid.” The usual threshold cited at the time was seven months, or 28 weeks, though viability may occur as early as 24 weeks.

Supporters and Opponents

Idahoans United for Women & Families supports Proposition 1. Stop Prop 1 opposes it, arguing that the measure would allow broader abortion access than the framework established under Roe v. Wade.

Gov. Brad Little, Attorney General Raúl Labrador and Idaho’s congressional delegation oppose the initiative. Little said Proposition 1 would “allow girls under 18 to receive abortion without parental consent” and would make abortion more available in the state.