The University of Idaho is set to stop providing birth control as a new radically restrictive abortion ban goes into effect in the state. The move is exceedingly rare for state universities.
The policy applies to all forms of birth control besides condoms which can only be provided as protection against STIs, not as a form of contraception.
The move was announced in a statement from the University's general counsel last week.
It also warned given the vagueness of the law's terms, even speaking of abortion on University property could open faculty to felony charges.
\u201cThe University of Idaho\u2019s general counsel issued new guidance about the state\u2019s near-total abortion ban, alerting faculty and staff that the school should no longer offer birth control for students, a rare move for a state university.\n\nhttps://t.co/H1TkT4Dqai\u201d— The Washington Post (@The Washington Post) 1664241786
Counsel warned if employees appear to support abortion, counsel students about abortion options or refer a student to an abortion provider they could face not only felony charges put permanent banning from state employment.
The legal counsel's notice reads in part:
“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.”
It goes on to say call the Idaho law's verbiage "unclear and untested in the courts" and the halt to providing birth control was as a result of this legal vagueness to ensure faculty are protected from the bill's criminal penalties.
"We are advising a conservative approach here, that the university not provide standard birth control itself.”
The notice also explained condoms may still be distributed, but “only for the purpose of helping prevent the spread of STDs," not for birth control.
Idaho's trigger ban went into effect August 25 and is among the most restrictive in the country to go into effect following the June Supreme Court decision in Dobbs v. Jackson Women's Health that overturned the previous SCOTUS cases that underpinned abortion rights, Roe v. Wade and Planned Parenthood v. Casey.
The Idaho law bans abortions entirely any time after conception except in cases of rape or incest documented by law enforcement or danger to the life of the pregnant person.
On Twitter, many people were horrified by the new rules.
\u201c@CAKitchener Any and every state employee.\n\nThat includes teachers, doctors, administrators, nurses, and POLITICIANS. \n\nIf you collect an Idaho state check, it's a felony if you say the wrong thing.\u201d— Caroline Kitchener (@Caroline Kitchener) 1664217625
\u201c@IDprisonproject It's pretty damn scary when universities - which supposedly promote critical thinking & freedom to debate ideas - are subject to state control on what can be said.\n\n& how can a professor be charged with a felony for discussing abortion/birth control. What law forbids discussion?\u201d— idahoprisonproject (@idahoprisonproject) 1664167062
\u201cUniversity of Idaho employees were warned they could be charged with a felony for JUST TALKING about abortion\n\nThey can\u2019t even provide birth control\n\nRepublicans are fascists policing our vaginas & our speech\n\nThey want to make us felons so we can\u2019t vote. This is the bloody truth\u201d— Lindy Li (@Lindy Li) 1664241000
\u201cl loved getting my bachelor's at the University of Idaho. But it's hard to imagine encouraging a HS senior to stay in-state, or for any professional to consider moving to Moscow to teach, when laws like this are allowed to let stand.\u201d— Austin Bradley (@Austin Bradley) 1664197708
\u201cSetting aside the absurdity and cruelty of the government invading our private medical decisions: How can we keep talented young people in Idaho if college students must travel to Washington for medical care? Why would they put up with this? #idpol #idleg https://t.co/VyNVQ6Np3x\u201d— Rep. Lauren Necochea (@Rep. Lauren Necochea) 1664430493
\u201c@MollyJongFast Who will be left at the University of Idaho when all the employees pick up stakes and leave for more welcoming states that don't treat women like cattle?\u201d— Molly Jong-Fast (@Molly Jong-Fast) 1664226851
\u201cIn response to the state abortion ban, the University of Idaho has issued a warning to all staff that *discussing* abortion with students now risks a felony conviction and possible blacklisting from any further state employment.\n\nPrepare for other states/schools to follow.\u201d— Mollie Katzen (@Mollie Katzen) 1664297703
\u201cUniversity of Idaho issues a warning to employees of a lifetime ban and felony charges if they talk about birth control or abortion options while at work.\n\nThe American #GOP Taliban at work. \n\nIf you vote for any #Republican in November, you are endorsing actions like this.\n\nVote\u201d— Tom Hall \u26f5\ufe0f\u2618\ufe0f (@Tom Hall \u26f5\ufe0f\u2618\ufe0f) 1664303312
\u201cIt is absolutely unacceptable for university students to not have access to contraception. The University of Idaho is completely failing its students with uteruses\u201d— Michele Quinn, MD, FACOG (@Michele Quinn, MD, FACOG) 1664226493
\u201c\u201cAny discussion about abortion or birth control\u201d can reportedly result in a felony charge in Idaho.\n\nRead that again, because it\u2019s a big deal if the University of Idaho\u2019s understanding is correct.\u201d— Leah McElrath \ud83c\udff3\ufe0f\u200d\ud83c\udf08 (@Leah McElrath \ud83c\udff3\ufe0f\u200d\ud83c\udf08) 1664217716
Planned Parenthood has already challenged the new Idaho law in court.
Hearings will commence next week.
J. Crew
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