The University of Idaho announced to staff Friday that following the state's near-total abortion ban, they should no longer offer birth control for students in their campus clinics.
An email obtained by The Washington Post revealed that employees were warned if they counsel in favor of abortion, or even promote abortion, they could be be permanently barred from state employment. For referring a student for an abortion procedure, they could face a felony conviction.
The University of Idaho’s general counsel wrote in its email to staff: "In this new and evolving legal landscape, how these laws will be enforced remains unclear. Accordingly, the university and its employees should be aware of the potential risks and penalties associated with conduct that may be perceived to violate the laws.”
Nearly two months after the Supreme Court overturned Roe v. Wade, Idaho's trigger law banning abortion went into effect on August 25. State lawmakers passed the bill in 2020, when abortion was still deemed legally protected, to preemptively ban the procedure in anticipation of a potential SCOTUS decision.
The law bans abortion at any time after conception, except in cases of life-threatening pregnancies, as well as instances of rape or incest so long as the crime was documented to law enforcement.
Because the law is "unclear and untested," the University is “advising a conservative approach," and states that school institutions may "not provide standard birth control itself.” Condoms may not be distributed "for purposes of birth control," but instead “for the purpose of helping prevent the spread of STDs."
Jodi Walker, the executive director of communications at the university, told the Post: “This is a challenging law for many and has real ramifications for individuals in that it calls for individual criminal prosecution. This guidance was sent to help our employees understand the legal significance and possible actions of this new law passed by the Idaho legislature."
While an unprecedented move for a state university, not all schools in anti-abortion states are initiating similar measures. Despite a similar near-total ban in Tennessee, Vanderbilt University implemented stronger support for reproductive health, and assured students all forms of birth control would continue to be available.
In a statement responding to the University of Idaho's announcement, Rebecca Gibron, chief executive of Planned Parenthood Great Northwest, noted the greater ambitions of anti-abortion activists.
“We always knew extremists wouldn’t stop at banning abortion; they’d target birth control next," she wrote. "The University of Idaho’s announcement is the canary in the coal mine, an early sign of the larger, coordinated effort to attack birth control access.”
