Idaho Legislature: Ask Legislators to VOTE YES on S1059 - Preborn children (posted 02/09/25)

• Bill: legislature.idaho.gov/s…

• Contact Legislators: emailidaho.com

(Check the linked page or use My Bill Tracker for the bill’s current status.)

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FOURTEENTH AMENDMENT, SECTION 1: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. – US Constitution, Fourteenth Amendment, Section 1

ARTICLE I, SECTION 2. POLITICAL POWER INHERENT IN THE PEOPLE. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary... – Idaho Constitution, Article I, Section 2.

S1059, titled the "Idaho Prenatal Equal Protection Act," ensures that preborn children are protected under the same criminal and civil laws as born persons. The act defines a preborn child as a human being from the moment of fertilization and removes provisions in state law that fail to uphold equal protection for preborn persons. The legislation also includes provisions to protect pregnant mothers from being coerced into an abortion.

A strong pro-life bill, S1059 invokes provisions of the US and Idaho Constitutions for “equal protection” of the people. It defines a “person” to include a preborn child, amending existing law and adding definitions of “embryo,” “fetus,” and “preborn child” in regards to a suit for wrongful death and the crimes of aggravated battery and homicide.

The act provides for exceptions where the unintentional death of a preborn child occurs as a result of life-saving procedures for the mother or the preborn child, or a spontaneous miscarriage. It applies prospectively and does not impact actions committed prior to its effective date.

References:

• US Constitution Fourteenth Amendment, Section 1: constitution.congress.g…

• Idaho Constitution, Article I, Section 2: