The Enormity of a Sanctuary City for Abortion in Boise

The Boise City Council will consider RES 385-22 at today's meeting, which is at 6:00 PM at City Hall - Maryanne Jordan City Council Chambers.

If Boise decides to leave abortion laws unenforced (as RES 385-22, attached below, suggests it will), then Idaho's effective ban on abortion will be rendered null and void. Abortionists will continue to perform abortions in Boise. People from Meridian and Nampa and Mountain Home and all over Idaho will be able to drive to Boise to get abortions.

As we mentioned yesterday, the resolution would create a "sanctuary" city for abortionists in Boise. It must be stopped, either at the city council level or at the state level or through the private enforcement of torts that is contained in Idaho's Heartbeat bill. This cannot stand if Idaho wants to maintain a ban on abortion.

We will report on the city council vote tomorrow.

Here is the Resolution being considered at the Boise City Council today.

Resolution NO. RES-385-22 BY THE COUNCIL BAGEANT, CLEGG, HALLYBURTON, SANCHEZ, WILLITS AND WOODINGS A RESOLUTION TO PROVIDE FOR ENFORCEMENT LIMITATIONS REGARDING BANS OF CERTAIN REPRODUCTIVE HEALTH SERVICES.

WHEREAS, the Supreme Court of the United States has overturned the 1973 landmark ruling, Roe v. Wade, which declared a constitutional right to abortion and previously prevented individual states from completely banning abortion care; and

WHEREAS, in March 2020, the Idaho Legislature passed and Governor Brad Little signed an extreme abortion ban that will take effect statewide 30 days after the judgment is issued in the United States Supreme Court’s decision to overturn Roe v. Wade, leaving Boiseans without access to this care; and

WHEREAS, access to health care promotes the general welfare of Boise residents; and

WHEREAS, access to comprehensive reproductive health care, including abortion, is critical to our residents’ physical, psychological, and socioeconomic well-being; and

WHEREAS, restricting or criminalizing reproductive health care disproportionately impacts women, people of color, refugees and immigrants, low-income individuals, members of the LGBTQ+ community, and Indigenous people and their ability to control their own bodies, seek opportunity or education, and build strong financial futures; and

WHEREAS, cases of rape and incest in Idaho reached an all-time high in 2021, and victims of these assaults will be disproportionately impacted by the extreme ban on care; and

WHEREAS, the City of Boise values the rights of residents to have autonomy and privacy in their health care decisions; and

WHEREAS, the resources of the City of Boise must always be dedicated to the safety, health, and well-being of its residents; and

WHEREAS, the City of Boise will be called to investigate crimes related to the extreme ban; and

WHEREAS, the City of Boise has a responsibility to protect its residents from any violation of their human rights, including the right to make private health care decisions.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. The City of Boise formally condemns any action intended to abrogate the fundamental liberties of its people and affirms its commitment to protecting its residents’ rights, including the right to make reproductive health decisions for themselves.

Section 2. Investigations for the purpose of prosecuting abortion providers will not be prioritized, and additional resources or personnel will not be assigned.

Section 3. It is the policy of the City of Boise that, except to the extent otherwise required by state or federal law, city funds will not be used to:

A. Store or catalog any report of performing or attempting to perform an abortion;

B. Provide information to any other governmental body, agency, or professional licensing board about any abortion performed, or attempted to be performed, or conduct surveillance or collect data or other information related to any individual, organization, location, vehicle, action, financial record, and internet activity for the purpose of determining whether an abortion has been performed or attempted to be performed, except for the collection of aggregated data without personally identifying information or personal health information for purposes unrelated to criminal investigation, enforcement, or prosecution; and

C. Assist in furthering any civil action filed pursuant to Idaho Code § 18-8807.

Section 4. This policy does not apply to abortion investigations involving coercion or force used against the pregnant person, conduct criminally negligent to the health of the pregnant person seeking care, and cases where the abortion is not the crime being investigated but is investigated as evidence of another crime, such as sexual assault.

Section 5. That this Resolution shall be in full force and effect upon its adoption and approval.