BOISE, Idaho (KIFI) – A bill outlining the process for courts to dismiss “frivolous” or unfounded abortion lawsuits brought against Idaho doctors has passed the Idaho House without debate.
After widely passing the House in a 63-3 vote, the bill now heads to Governor Little for approval.
The Bill’s cosponsor, Senator Todd Lakey, says the language of the dismissal process in the amended Senate Bill 1171 is modeled after a recently approved law intended to combat frivolous lawsuits – commonly known as strategic lawsuits against public participation or SLAPP lawsuits.
The Anti-SLAPP law passed the Idaho Legislature early in the 2025 session and was approved by Governor Little on March 10th.
“Like a First Amendment case, these cases (abortion cases) are often emotional and highly charged,” said Sen. Lakey. “This legislation helps avoid frivolous cases and provides an opportunity to providers that are following the law to have a frivolous case dismissed and save the party’s court time and expense,” said Sen. Lakey.
According to Sen. Lakey, the bill addresses lawsuits surrounding Idaho’s current civil abortion ban, known as the Fetal Heartbeat Preborn Child Protection Act, providing recognition and consideration to doctors in Idaho complying with existing law.
Under the proposed legislation, Lakey says courts would have the opportunity to review the case early on to ensure it meets the basic, prima facie standard to proceed.
“There are those that want to change the state of law in both directions. That’s not what this does. This simply provides an opportunity to make sure that the case that is filed is legitimate early in those proceedings,” Lakely told members of the Senate.
Debate in the Senate
In a short open debate, Senator Melissa Wintrow asked the bill’s sponsor if the legislation would still allow a rapist to sue an Idaho physician for performing an abortion in a civil suit.
“Just asking that question to confirms kind of turns my stomach and that we’re still allowing a rapist to sue a physician. If somebody went to get an abortion, and that just doesn’t seem right to me,” said Wintrow.
According to Boise State University’s 2024 annual Idaho Public Policy Survey, “a majority of Idahoans (64%) believe that there should be at least exceptions for documented cases of rape, incest, the life and health of the mother, and non-viable pregnancies.”
In response to Sen. Wintrow’s question, Sen. Lakey quoted a portion of the bill’s text outlining exceptions to civil action.
“Notwithstanding any other law to the contrary, a civil action, which is what this is about, may not be brought under this section by a person who, through an act of rape, sexual assault, incest or other criminal conduct, impregnated the pregnant woman seeking an abortion In violation of this chapter,” quoted Sen. Lakey.
For the full text of the bill, click HERE.
The bill passed the Idaho Senate with wide support in a 32-1 vote.
