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Here's Why University Professors Are Suing This Pro-Life State

AP Photo/Mark Lennihan

In the aftermath of the Supreme Court's Dobbs decision, many states passed legislation restricting abortion. This included laws banning abortion at 15 weeks or fetal heartbeat detection, as well as passing other laws that prohibit "telemedicine" abortions and "abortion trafficking." 

After Dobbs, the Biden administration and other Democratic leaders, like California Gov. Gavin Newsom, promised to take action to help women in pro-life states obtain abortions, known as "abortion tourism." And, left-wing pro-abortion organizations filed legal challenges against the laws protecting unborn life.

This week, the Associated Press reported that six university professors and two left-wing teachers’ unions are suing Idaho over a law that they claim violates their First Amendment rights. Reportedly, the law criminalizes teaching about abortion (via AP):

The 2021 No Public Funds for Abortion Act prohibits state contracts or transactions with abortion providers and also bans public employees from promoting abortion, counseling in favor of abortion or referring someone to abortion services. Public employees who violate the law can be charged with misuse of public funds, a felony, and be fired, fined and ordered to pay back the funds they are accused of misusing.

The law is “simultaneously sweeping and unclear” and places a “strait jacket upon the intellectual leaders” of Idaho’s public universities, the educators, represented by the American Civil Liberties Union of Idaho, wrote in the lawsuit.

Reportedly, the case was brought forward by five professors from the University of Idaho. They teach American literature, journalism, political science, and philosophy. A social work professor from Boise State University is also part of the lawsuit, as well as the Idaho Federation of Teachers. 

Last year, AP reported that public universities in the state warned staffers not to refer students to abortion providers or inform them how to obtain “emergency contraception,” such as Plan B.

One of the professors behind the lawsuit reportedly deleted an entire module on human reproduction from their biomedical ethics course for fear of violating the law. 

The Idaho Family Policy Center, a pro-life organization, told AP that the law was aimed at stopping university-run health clinics from helping women obtain abortions. This included providing prescriptions for at-home medication abortions. 

“The ‘No Public Funds For Abortion Act’ simply does not infringe on academic speech protected by the First Amendment, including classroom discussion on the topics related to abortion,” Idaho Family Policy Center President Blaine Conzatti reportedly said.

Since the Supreme Court struck down Roe v. Wade, Idaho lawmakers have worked to push pro-life legislation. Earlier this year, Idaho introduced a first-of-its-kind pro-life legislation surrounding abortion. Gov. Brad Little, a Republican, made history by signing an “abortion trafficking” bill into law, ensuring that adults do not take pregnant minors across state lines to terminate a pregnancy. 

“An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, un-emancipated minor, either procures an abortion … or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking,” the law, H.B. 242, states, which Townhall covered. Those who break the law could face two to five years behind bars and be sued by the child’s parent or legal guardian.

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