Idaho Gov. Brad Little signed a bill on Tuesday that bans abortions after a fetal heartbeat is detected.
But the legislation contains a “trigger provision,” according to the Associated Press, meaning it won’t go into effect until a federal appeals court somewhere else in the nation upholds it.
A fetal heartbeat can be detected as early as six weeks into pregnancy.
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Those who provide an abortion after a heartbeat was detectable could be punished with up to five years in prison per the law, and women would also have the ability to sue providers over the issue.
“Idaho is a state that values the most innocent of all lives — the lives of babies,” the Republican governor said in a statement. “We should never relent in our efforts to protect the lives of the preborn. Hundreds and hundreds of babies lose their lives every year in Idaho due to abortion, an absolute tragedy. I appreciate Idaho lawmakers for continuing to protect lives by passing this important legislation, and I am proud to sign the bill into law today.”
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The bill provides exceptions for rape, incest, and medical emergencies, but critics say that an undue burden would be placed on women to prove their rape in time for the abortion to take place and that the medical emergency exception is written too vaguely.
Anti-abortion advocates have also tried to pass similar legislation in South Carolina, Georgia, and other states but have faced roadblocks in court.
“Let’s be clear: Nothing changes today or in the future. Abortion is still legal in Idaho, even after six weeks. This is a trigger law that would ONLY begin IF a similar ban is upheld in a separate court. And, of course, we’ll sue to stop it then,” Planned Parenthood Alliance Advocates – West said in a tweet.
