There has been a recent development in our case against the State of Idaho. We're challenging an Idaho law stating that a person's advance directive—also known as a living will—is void for the duration of their pregnancy and that the state can make decisions about the care that person receives. We are fighting to reclaim Idahoans' rights to make their own decisions about their health care and their bodies, regardless of their gender or ability to become pregnant.
But that fight just got a little harder, as the State has asked the court to throw out our case. And worse, the state is attempting to use Roe v. Wade against us, claiming that since states can regulate abortion after the fetus reaches viability, they can also regulate pregnant people's health care decisions.
This is precisely why we were asked to bring our legal expertise to this case: we knew Idaho would make this about fetal rights. Because that focus is what led to this discriminatory law in the first place.
Idaho's law is part of a disturbing trend in which states undermine pregnant people's health care decisions in favor of protecting fetal rights. We will not accept that in the law, and we will not accept it as a reason to dismiss this important case.
We're heading to Boise in January to argue the merits of this case. Check back for updates!
One of our clients, Chelsea Gaona-Lincoln (left), with her wife, Van. Together with Chelsea and her fellow plaintiffs, we are fighting for all pregnant Idahoans' rights to make their own health care decisions.