Since the Adjournment of Idaho’s 2011 legislative session on April 7^th, a wide spectrum of adjectives have been used to describe this year’s proceedings.  Governor Otter called it “very succesful,” while Senate Democrats called the session “the worst in their collective memories.”  Senate Majority Leader Bart Davis said it was “a difficult session among some of the worst economic times in memory” and Representative Erik Simpson summed it up by quoting Charles Dickens: “It was the best of times; it was the worst of times.”

From a pro-life and pro-family perspective it is easy to agree with the Governor and call Idaho’s 2011 session very successful indeed.  According to Julie Lynde, Executive director at Cornerstone Family Council, Governor Otter signed every piece of pro-life legislation that crossed his desk.  And many of those measures were quite significant.

Fetal Pain

Idaho joined Nebraska and Kansas as the third state to prohibit late term abortions (in this case 20 or more weeks) based upon an unborn child’s ability to feel pain.  This is a huge step toward upholding the value of all life, and in reinforcing the humanity of the unborn child.  At least 12 other state legislatures are advancing similar measures.  (See the Fetal Pain state map here).

Prohibiting Abortion Coverage in Obamacare

With the passage of S 1115, Idaho ensured that abortion will not be covered in health plans created through the Health Exchange instituted in Obamacare.  Seven other states have passed this same law (AZ, LA, MO, MS, TN, UT, VA) and at least 17 other states have introduced similar measures.  The passage of this bill ensures that the current law in Idaho, which prohibits abortion coverage in all health insurance plans, will not be jeopardized by Obamacare.

In addition, a resolution was passed (HCR 23) which removed a dangerous Health and Welfare Medicaid rule that could be used to fund teen abortions and potentially circumvent existing parental consent laws.

Not only was unborn life further protected by the legislature this year, but life was also protected until natural death with the passage of S 1070 prohibiting physician assisted suicide.

Fiscally speaking it was also a productive session.  Governor Otter was an active proponent of a bill that was passed to balance the budget without raising taxes and several educational reform bills removing collective bargaining for teachers, instilling a merit-based pay system, and shifting allocation of school funds toward technology.

“Very successful” seems to be an adequate description of this year’s session, though it is easy to see how some might disagree.  Perhaps Senate President Pro Tempore Brent Hill sums it up best of all when he says: “History will tell if this session was a great accomplishment or failure.  Anyone who claims we haven’t accomplished much wasn’t paying attention.”

Mirroring a bill passed last year in Nebraska, the Kansas legislature recently gave final approval to a measure prohibiting abortions after 21 weeks based on an unborn child’s ability to feel pain.  This measure, HB2218, has now been sent to Governor Sam Brownback who is expected to sign it.  Passage of this legislation signals a huge step toward fully protecting and valuing unborn human life.  It also sets a precedent among states, the majority of which currently protect life at fetal “viability,” a stage which can be hard to definitively determine.  Kansas is not alone in their effort to protect unborn children who can feel pain, 12 other states currently have similar legislation (ID, OK, OR, AR, AL, GA, SC, FL, MS, MN, IA, IN).

Another pro-life bill passed by the legislature was HB2035.  It defines the criteria for those required to report cases of suspected child abuse and broadens it to include those who work or volunteer at organizations that provide pregnancy services to minors.  Also included are reporting requirements for abortion providers; a provision allowing a woman to file suit if an abortion was performed upon her illegally; and a parental consent requirement among other things.

On the topic of abortion, other bills in the legislature would prohibit taxpayer funding of abortion (HB2377), specify licensing requirements of abortion clinics (HB2337, SB36, SB45 and SB165), create health exceptions to late-term abortions (HB2007), and address abortion coverage in health insurance (HB2292 and HB2293).

In other areas, the legislature recently passed a bill requiring citizens to present valid ID before voting and in order to register to vote.  Provisions of the law do not start going into effect until January 1^st, 2012.

Currently in committees of origin are bills that establish covenant marriages and enact divorce reform (HB2254), prohibit public funding of human cloning (HB2214), and include “sexual orientation and gender identity” in state law prohibiting discrimination (SB53).  Also of note is a bill which has passed the house and is now in a senate committee that addresses the method of selecting judges (HB2101).

For more on the issue of fetal pain please read “The Science of Fetal Pain” by Jeanne Monahan.

Director of FRC’s Center for Human Dignity Jeanne Monahan notes that the RCOG’s study is seriously flawed and could lead to a profound moral injustice, the more cavalier taking of unborn life. Said Monahan:

“The report appears to be politically timed and motivated, given the growing momentum in the U.K. to protect the life of the unborn by lowering the time limits for legal abortion.

“RCOG is using a faulty definition of pain in this study. A number of experts in the field of fetal development, who were not consulted for this report, previously have refuted the idea that the cortex needs to be fully developed for an unborn baby to feel pain. On the contrary, it is possible that unborn babies between 20-30 weeks of development can experience greater pain than a full-term newborn or older child. At 20-30 weeks, an unborn child possesses the highest number of pain receptors per square inch he or she will ever possess, and the baby’s nerve fibers are located closest to the surface of the skin.

“Most importantly, RCOG is trying – but failing – to dehumanize the baby to make abortion appear somehow more palatable, yet the truth remains that abortion is a violent and painful procedure for the infant and mother. The humanness of the unborn child is not contingent on its capacity for pain. Whether or not an unborn child can feel pain is irrelevant to the respect that an unborn person deserves – respect sufficient to be protected by law from conception until natural death,” Monahan concluded.

Click here to download Family Research Council’s response to the RCOG report.