The Idaho Supreme Court has ruled that the state Constitution does not implicitly enshrine abortion as a fundamental right
FILE - An attendee at Planned Parenthood's Bans Off Our Bodies rally for abortion rights holds a sign reading"Idaho the women as property state" outside of the Idaho Statehouse in downtown Boise, Idaho, on May 14, 2022. Idaho's Constitution does not implicitly enshrine abortion as a fundamental right, the state Supreme Court ruled on Thursday, Jan. 5, 2023 as it dismissed a lawsuit brought by Planned Parenthood.
Planned Parenthood claimed the laws offend constitutional principles such as equal protection and due process, the high court justices noted.that the state Constitution offers no fundamental right to abortion. Idaho Supreme Court Justice Colleen Zahn dissented with the court’s opinion, saying “Idaho’s Constitution did not freeze rights as they existed in 1890.”
The South Carolina court said the state has the authority to limit the right of privacy that protects a woman from state interference with her decision, but any limitation must afford a woman sufficient time to determine she is pregnant and “take reasonable steps to terminate that pregnancy.”“All we are deciding today is that the Idaho Constitution, as it currently stands, does not include a fundamental right to abortion,” Justice Robyn Brody wrote in the majority opinion.
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