Proposition 1 – “The Reproductive Freedom and Privacy Act” is one of four initiatives that will appear on every ballot in November. (Read the full text of the Proposition here.)
Summary
Lots has been said and written about Proposition 1, and we’re adding to it here. But here’s a brief summary, provided to us by Melanie Folwell, the Executive Director of Idahoans United for Women and Families, the organization that is sponsoring the initiative.
Proposition 1 restores the right to keep private medical decisions about reproductive health care between you and your doctor, not the government. It returns Idaho to the standard of regulated abortion access we had for nearly 50 years and ensures exceptions in medical emergencies and after a fatal fetal diagnosis. Additionally, Proposition defends current access to birth control, Plan B, and fertility treatments like IVF. If passed by a simple majority of Idahoans, Prop 1 would end Idaho’s total abortion ban and become law in January of the coming year.
In a functioning democracy, people of good will can (and should) express different opinions and disagree respectfully about important issues. But in the case of Prop 1, opponents have raised over $2.5 million in their campaign to fight it. And much of what they are saying is not just untrue (some would say “lies”), but a blatant attempt to spread fear and uncertainty.
And the opponents’ arguments are not new. They’ve part of a playbook of disinformation that has been used in other states to defeat similar initiatives. Here is an example of an ad currrently running in Idaho and a nearly identical one used in 2024 to oppose Florida’s Proposition 4. (Click the captions to view.)
One of the Graphics
One political action committe (PAC) opposing Proposition 1 in Nez Perce County has been circulating the flyer shown below. While it appears to show convincing arguments, each of the points are false or misleading. We’ll discuss each of the points raised in the following paragraphs.
a political action committee opposing Proposition 1
The Facts
Let’s take a look at the points raised in the flyer and compare them to the facts. (Links below go to the full text of Proposition 1 or a copy of the Proposition One Fact Check document created by Idahoans United for Women and Families.)
The opponents say: Abortion would be legal up to the moment of birth.
The Facts: After fetal viability*, abortion remains illegal under Prop One, with one narrow exception. A doctor must determine that ending the pregnancy is medically necessary to protect the patient’s life or health because of a serious complication, including a fatal fetal diagnosis. (Fact Check)
The opponents say: Your 16-year old daughter could get an abortion without your permission or your knowledge.
The Facts: Prop One does not mention, amend, or repeal Idaho’s parental consent law. The measure addresses abortion access, but it contains no carve-out that removes parents from the process. No Idaho doctor may provide health care of any kind to a minor without a parent or guardian’s consent today, and nothing in Prop One changes that. (Fact Check)
The opponents say: A doctor is no longer required. Prop 1 allows “a licensed person or an entity”.
The Facts: Prop One’s definition of “physician” is drawn directly from existing Idaho Code — the same code already governing medical practice in the state today. Like current Idaho law, Prop One recognizes that other licensed medical professionals, such as nurse practitioners and physician assistants, already legally provide reproductive health care within their scope of practice. (Fact Check)
The opponents say: Idaho law says a doctor must try to save a baby who can survive. Prop 1 erases that.
…and..
Prop 1 creates a right to abortion for all women and girls, at any age, and strips every abortion protection from Idaho law. Idaho has protected lift since 1864. Prop 1 throws it all away.
The Facts: Proposition One restores the medical standard Idaho followed for nearly 50 years — abortion remains illegal after fetal viability* except when a doctor determines it is necessary to protect the patient’s life or health. (Fact Check)
* Proposition One defines “fetal viability” as “the point in a pregnancy when, on the basis of a physician’s good faith medical judgment, based on the facts known at the time, and determined on a case-by-case basis, the fetus has a significant likelihood of sustained survival outside of the uterus without extraordinary medical measures.” (Full Text 5d)
What Else is in Proposition One?
Proposition One includes several other protections. (See the full text for details.) including:
Protection for medical providers
Section 2e states that health care providers may not be professionally disciplined or be subject to civil or criminal liability for advising, assisting, facilitating, informing, referring, or otherwise aiding a person in exercising their right to reproductive freedom.
No state funding
Section 4b states: “This act does not create a financial obligation on the state, its agencies, or their programs to pay for, fund, or subsidize the reproductive health care protected by this act.”
For Further Reading
- Full text of Proposition 1
- “Proposition One Fact Check” – a document prepared by Idahoans United for Women & Families to address misleading claims about Prop One.
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