Idaho group files four initiative proposals to restore abortion access to state

The organizers of an Idaho ballot initiative to restore access to abortion and protect all other types of reproductive care have filed four proposals with the offices of state attorney general and secretary of state — the first hurdle the initiative needs to clear before gathering signatures.

Melanie Folwell, organizer and spokesperson for Idahoans United for Women and Families, said the group is putting forward four policies for approval but will only select one to be circulated for signatures.

“We’ve worked on these for a year now with stakeholders and lawyers, and we want to put that work in front of the secretary of state and the attorney general and, quite frankly, in front of the public, and then we will decide on the best course of action moving forward,” Folwell said.

Idaho has a near-total ban on abortion with narrow exceptions for rape and incest during the first trimester of pregnancy and to save the pregnant patient’s life. Those convicted of performing an abortion face two to five years in prison and the revocation of their medical license, along with potential civil lawsuits from family members of the person who terminated a pregnancy.

The group, which includes residents from across the state as well as obstetricians and family medicine doctors, launched in mid-April with a goal of qualifying the measure for the 2026 midterm election. Eight states will have an abortion question on their November ballots this year, and the results may be instructive for those that intend to try for the same in 2026. Idaho has a citizen ballot initiative process, but only its Legislature can propose constitutional amendments, unlike many other states. So instead of a constitutional amendment, the voters are asked to approve a citizen-crafted piece of legislation to be adopted. 

The measure requires a simple majority of voters to pass.

Three of the proposed policies that were submitted include the establishment of a fundamental right to contraception and fertility treatments, including in vitro fertilization, to make decisions about pregnancy and childbirth and legalizing abortion with differing limits, including:

• Before fetal viability, as well as preserving the right to abortion after viability in medical emergencies.

• Before 20 weeks and in cases to protect the life and health of the pregnant patient.

• Before 24 weeks.

The fourth proposal does not include the rights to contraception and fertility treatments, and only establishes exceptions to the existing abortion policy, legalizing abortion in cases to protect the life and health of the pregnant patient, in a medical emergency, for fatal fetal anomalies and in cases of rape and incest.

Dr. Loren Colson, a family medicine physician in Boise and president of the Idaho Coalition for Safe Healthcare, which has been outspoken about changing Idaho’s abortion law, said in a press release that repeated attempts to change the law through traditional means have failed. 

“For two years, the Idaho Legislature had full power and ability to fix this problem, and they have failed to act. We tried our best to meet with legislators and make our plea for a fix, but our personal accounts of the harms these laws have caused to Idahoans fell on deaf ears,” Colson said. “They’ve failed doctors, pregnant women and patients throughout this state. As health care professionals, we are committed to making decisions based on the best interests and health of our patients.”