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Janae Pierre: I am Janae Pierre, in for Melissa Harris-Perry.
After the Supreme Court overturned Roe v Wade last summer, Republican-led states across the nation began enacting bans that curtailed reproductive rights and the right to an abortion. The state of Idaho has some of the strictest anti-abortion laws in the nation. Abortion is almost entirely banned in the state, with exceptions for rape, incest, or if the life of the pregnant person is in danger.
Earlier this month, the state moved even further to the right with these anti-abortion laws, after Republican Governor Brad Little signed into law a bill restricting adults from helping minors cross state lines seeking an abortion outside of Idaho without parental consent. Recently, he also signed a law criminalizing gender-affirming care for transgender minors in the state. To talk more about all of this is Shefali Luthra, healthcare reporter for the 19th. Thanks for being here, Shefali.
Shefali Luthra: Thanks so much for having me.
Janae Pierre: Of course. Tell me about this recent law signed in Idaho, by Republican Governor Brad Little. What does this law do, and when does it go into effect?
Shefali Luthra: It's really interesting. What it does is, it criminalizes transporting a minor, within the state, with the intent to cross state lines to get an abortion without the parents' consent. If you violate this law, you can get a two to five-year prison sentence. What's interesting about this law is, it's actually not the first state law to have this kind of prohibition. Arizona and Arkansas have similar bans on their books, but Idaho's is different, because it is the first time we have seen such a law passed post-Roe being overturned.
It adds to this context where abortion is already virtually unavailable in the state of Idaho, and just adds one more layer for minors who already really struggle to access care, makes it virtually impossible to get an abortion if you are a minor.
Janae Pierre: Yes. Can you give me a sense of where the Supreme Court fits into this conversation?
Shefali Luthra: This is really interesting as well, because when Roe was overturned, Justice Kavanaugh, one of the things he said in his concurrence was that the Supreme Court would not allow states to ban interstate travel. Right? Because that is unconstitutional, you have the right to travel between states. In theory, this law only criminalizes travel that is done within the state, with the intent to leave the state, but I think that this really could set up a test for the Supreme Court.
How serious are they about allowing people to maintain the right to travel out of state? Is this something they will actually weigh in on? Is the right to travel a right in name only, or is it in fact a right in practice?
Janae Pierre: Is Idaho the first such state to have laws like this on the books?
Shefali Luthra: No. Arizona and Arkansas have these laws on the books as well. There was such a law in Missouri, but it got struck down many years ago. Actually, we've seen efforts to pass these restrictions nationwide, in both the 90s and in 2000, under then-Presidents Clinton and Bush, there were efforts to restrict taking minors across state lines to get an abortion without their parents' knowledge.
This comes because, for whatever reason, people who oppose abortion have often found more success trying to restrict minors' access to the procedure than adults.
Janae Pierre: The medical community has reached a consensus on the benefits of gender-affirming healthcare for minors. Earlier this month, Governor Brad Little also signed a law criminalizing the act of providing that care. Talk to me about this law and what it means.
Shefali Luthra: This is one of so many laws we have seen pass within 2023 alone, restricting access to gender-affirming care for minors. 10 states have passed laws like this, this year, we are likely to see more to come. We have already seen more in the past. What this means is, practically it is growing incredibly difficult for minors to access gender-affirming care in the United States unless they're able to make expensive journeys, to relocate their families.
This obviously has mental health concerns. This has long-term health concerns for young people, and it is really striking to, again, notice the parallel between access to healthcare for trans youth, and for abortions. Because again, we are seeing that opponents to access to care are finding the most success, at least in the immediate term, by going after young people.
Janae Pierre: All right. We're talking with Shefali Luthra from the 19th. More right after this break. Okay. We're back talking about Idaho's restrictive abortion laws, with Shefali Luthra, from the 19th. Let's talk about the consequences. What happens to anyone who assists a minor in gaining access to gender-affirming healthcare?
Shefali Luthra: You can face a 10-year prison sentence in Idaho for helping a minor access gender-reaffirming healthcare, which is just-- These are really, really onerous penalties. It is hard to imagine someone being willing to take that risk within the state.
Janae Pierre: Yes. That's certainly no slap on the wrist.
Shefali Luthra: Absolutely not.
Janae Pierre: How have supporters of abortion rights and gender-affirming healthcare responded to all of this?
Shefali Luthra: There are legal challenges being filed to these kinds of laws, especially with the abortion one, it's very clear that there is likely a good case to get these kinds of laws blocked. With gender-affirming care, it is trickier, but all that advocates can do is make a case in court, and hope that they find success, in either state or federal courts. This is a really rough time to be advocating for access to healthcare.
What we are seeing is that Republicans, in many of these states, do have powerful majorities, and have, in many cases as well, seats in the governor's mansion, and have really settled on this as their issue, to try and maintain support with a very, very, frankly, extreme base.
Janae Pierre: How does what we're seeing in Idaho fit into what we're seeing happening across the US, with regards to abortion and access to healthcare for trans youth?
Shefali Luthra: What we are seeing is, this is, in many ways, two sides of the same coin. It is an effort to restrict access to medical procedures that doctors agree are often really, really helpful to have access to, where there are no medical benefits to having this kind of care, where, frankly, it is not always clear that restricting access is a broadly popular issue. It is, in the case of abortion, quite unpopular, and in the case of access to healthcare for trans youth, clearly not a winning issue.
The majority of voters are not picking their candidates based on choosing someone who is the most willing to restrict access to healthcare. In a way, there is a concern that not only is this harmful to people's health, but there is an anti-democratic streak as well.
Janae Pierre: Shefali Luthra, healthcare reporter for the 19th. Shefali, thanks so much for being on The Takeaway.
Shefali Luthra: Thanks for having me.
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