By Ruth Brown, Idaho Reports
A bill that would have changed the words “fetus” and “embryo” to “preborn child” in multiple areas of Idaho law is on hold in committee after the sponsor wanted to further evaluate consequences of the potential change.
The House State Affairs Committee on Monday heard more than hour of testimony on HB 400, sponsored by Rep. Julianne Young, R-Blackfoot, most of which opposed the bill. After listening to testimony, Chairman Brent Crane, R-Nampa, put the committee on a break and took Young and two other legislators into the private hallway for six minutes while audience members waited for them to return. The conversation was not a scheduled executive session, and it’s unclear why the conversation couldn’t be held publicly during the committee.
Several people testified about concerns around in vitro fertilization, or IVF. In IVF, a lab-fertilized egg, or embryo, is placed in a woman’s uterus via a medical procedure, to help facilitate pregnancy. Not all of the embryos are always used, so some testimony expressed concern about whether that could become criminal if embryos were to be defined as a “preborn child.”
“We do not believe there is an impact to IVF in the current context, but we can recognize that there is significant public concern about that,” Young said when they returned to the committee. “As I’ve stated from the beginning, this bill has been carefully drafted to be policy neutral.”
Young said it seems that there is an outstanding question about IVF, so she requested the committee hold the bill at the call of the chair, meaning it could come back before the committee.
When asked about the private hallway discussion that happened mid-meeting, Crane told Idaho Reports after the meeting he and Young talked about process.
“Sometimes if you as a chairman see on an issue, a highly sensitive issue like that, what is perception that they have with their legislation, you might want to go to (the sponsor),” Crane said after the meeting.
House Rule 26 states “All regular meetings of any standing, special or select committee of the House of Representatives shall be open to the public at all times. Any person may attend any meeting of any standing or select or special committee, but may participate in said committee only with the approval of the committee itself.”
Crane’s hallway discussion Monday would not have counted as a formal meeting, because there wasn’t a quorum of the committee, but it raises questions about the spirit of the rule, which promotes government transparency. While it has happened before, it’s unusual to stop a public meeting for private discussion.
In testimony Monday, Dr. Cristin Slater, an infertility specialist, spoke to the committee, even bringing a diagram of embryos at various stages. She explained that not all embryos will become a viable pregnancy or “preborn child,” like the term the legislation uses. Slater stressed that having accurate definitions of various stages of gestion was important.
“I do worry about how it’s going to impact access health care,” Slater told the committee.
Mistie DelliCarpini-Tolman, of Idaho State Director of Planned Parenthood Alliance Advocates, opposed the bill, calling the phrase preborn child term “emotionally charged.”
“The addition of preborn child to the statute is not merely a shift in terminology it’s also an attempt to inject emotionally charged language, and the proposal reflects a singular viewpoint that prioritizes the rights of a fetus over the rights of a pregnant person, which undermines the rights of those seeking care.” DelliCarpini-Tolman said.
If the intent is to clear up code, there should be more medically accurate terms, she said.
“When we move away from medically accurate terminology to terminology that’s been used by anti-choice extremists throughout the country, it is to evoke a certain emotion within us and that is what’s happening,” DelliCarpini-Tolman said.
David Ripley, of Idaho Chooses Life, was one of only three people to speak in favor of the bill.
“This bill does not represent a change in policy,” Ripley said. “But I believe this bill is important in that it advances the stated public policy of this committee, which is to encourage live childbirth over abortion. To encourage Idaho to value the humanity of that baby in womb.”
Crane could bring the bill back for a hearing at later date.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.