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Idaho is within their constitutional rights to pass restrictive legislation if that's what they desire. Locking all paths down and maintaining strict controls is unambiguous. Won't be a surprise if they have additional legislative measures to roll out, in addition. They might just be getting started.
Exactly. When minors are transported out of state without parental permission, the police get involved. It's called kidnapping. Has no one ever seen an Amber Alert?
Quote:
Originally Posted by InformedConsent
Yes. This proposed law essentially changes nothing.
Not really.
Notwithstanding laws that forbid it in terms of Sex Trafficking or Child Custody issues, there is actually no law that forbids a minor from being transported over state lines against parental permission. That is no more than there is a law about a minor being taken within the state against parental permission. But these laws are really not the point here as we are not talking about kidnapping or child abduction.
In the case of this law, a parent could give permission for someone like an Aunt to take their daughter on a trip to another State. What this law makes illegal is if the aunt is doing it for the purpose of letting the daughter get an abortion without the parents permission.
The bill criminalizes actions within the State of Idaho so I don’t see any federal constitutional issues with it. It’s sort of like being a getaway driver for a robbery team. The parents would be permitted to drive the minor to another state to get an abortion. It’s really not going to effect that many situations or people.
I hate to have to even look like I’m siding with the left but there is no way the government can restrict interstate travel in America, the constitution is iron clad on this.
Taking someone else’s minor child over state lines without their permission however is a different case. We already have criminal laws on the books for this.
No way would I ever come down on the side of restricting the interstate travel of US citizens. This state law has an uphill legal battle
So what we’re essentially saying here, is that if parents will not allow an abortion for say, their 14, 15 or 16 year old, and that kid reaches out to a family member or friend for help (as they can’t get an abortion in Idaho under current laws at all, anyway, except for rape/incest and life of the mother) to get them somewhere they can get one - that person that would have helped is now criminally liable, and the kid will have to bear a child, because their parents say so.
What if the kid is 12, or 13? Are they going to have to charge the boy with rape so they can get an exemption? What a nightmare.
If a minor is raped, or there is incest, how do they prove that to authorities in a timely manner?
17 year olds have more options, as some can drive themselves. Is that legal? Can a minor drive out of state without their parents’ permission for the purpose of getting an abortion?
Thank god it’s still legal for minors to get birth control without their parents permission.
If you're a 15 year old girl and you need an abortion, then you should be able to get an abortion. Even if your parents are Republican churchy nut people who won't allow it, and your state is a backwards red state. That's not her fault.
If these slave states want to be Orwellian prison camp hell holes where people aren't allowed to get abortions, then the tyranny needs to stop at state lines. At least let people escape to free states and get the abortion access they need.
What's next, building a wall at the border? We should have the right to travel where we want to within our own country.
So what we’re essentially saying here, is that if parents will not allow an abortion for say, their 14, 15 or 16 year old, and that kid reaches out to a family member or friend for help (as they can’t get an abortion in Idaho under current laws at all, anyway, except for rape/incest and life of the mother) to get them somewhere they can get one - that person that would have helped is now criminally liable, and the kid will have to bear a child, because their parents say so.
This law comes down to which rights are more important. So which is more important "Abortion Rights", "Parental Rights" or "Women's Rights"?
Everyone talks about these cases where the minor doesn't want the baby, but the parents won't allow the abortion. Let's reverse this situation. Let's say the minor wants to have the baby but the parents want her to get an abortion.
Which rights apply now? Do the parents have a say in this case?
If you're a 15 year old girl and you need an abortion, then you should be able to get an abortion. Even if your parents are Republican churchy nut people who won't allow it, and your state is a backwards red state. That's not her fault.
If these slave states want to be Orwellian prison camp hell holes where people aren't allowed to get abortions, then the tyranny needs to stop at state lines. At least let people escape to free states and get the abortion access they need.
What's next, building a wall at the border? We should have the right to travel where we want to within our own country.
Perhaps the state can reopen those dreadful pregnant girls’ homes where they were held until they gave birth and the baby was taken away.
This law comes down to which rights are more important. So which is more important "Abortion Rights", "Parental Rights" or "Women's Rights"?
Everyone talks about these cases where the minor doesn't want the baby, but the parents won't allow the abortion. Let's reverse this situation. Let's say the minor wants to have the baby but the parents want her to get an abortion.
Which rights apply now? Do the parents have a say in this case?
No. The parents do not.
ETA - a caveat is if the child is very young and her physical heath is in danger. Then the parents need to decide.
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