Senator Shippey asks to print proposal to apply equal-protection language to preborn children; committee agrees to print

Senator Brandon Shippey presented RS31837, described as the "Idaho Prenatal Equal Protection Act," to the Senate State Affairs Committee, asking the panel to print the draft for further consideration. The senator said the bill’s intent is to recognize preborn children as persons under state law and to apply homicide protections starting at fertilization.

Shippey framed the request in constitutional language, citing the U.S. Declaration of Independence and Article I, Section 2 of the Idaho Constitution, and argued the measure would treat preborn life "equally under Idaho's criminal and civil laws." He said the draft would not be retroactive and that courts would still consider mitigating circumstances including coercion.

Committee members posed questions about investigative processes, effects on victims of sexual assault, and ongoing litigation in which similar issues are contested. Senator Rudkey asked whether the bill would permit criminal investigations into pregnancies described as miscarriages; Shippey answered that law-enforcement inquiries would be a potential process under the proposal. Counsel in the committee and other senators noted that the attorney general had flagged potential complications for pending litigation.

After discussion, the committee voted to send RS31837 to print so the draft could be developed further. Several senators said printing the request would allow public consideration and additional drafting even though it may not receive a full hearing.