A federal judge has issued a temporary block on Idaho's "abortion trafficking" law, preventing it from being enforced while a lawsuit challenging its constitutionality is underway. U.S. District Magistrate Debora K. Grasham, who handed down the ruling on Wednesday, stated that the lawsuit is not solely about the right to an abortion, but rather about fundamental rights such as freedom of speech, expression, due process, and parental rights.

Idaho has a ban on abortion at all stages of pregnancy, and the law enacted in May aimed to prevent minors from obtaining abortions in states where it is legal without their parents' permission. The law made it a felony for individuals who assist minors who are not their own children in arranging an abortion out of state. However, these individuals could defend themselves in court later by proving that the minor had parental permission for the trip. Supporters of the law refer to it as an "abortion trafficking" ban, while opponents argue that it infringes on the constitutional rights of free speech and interstate travel.

Earlier this year, two advocacy groups, the Northwest Abortion Access Fund and the Indigenous Idaho Alliance, along with attorney Lourdes Matsumoto, who works with sexual assault victims, filed a lawsuit against the state and Idaho Attorney General Raul Labrador over the law. They argued that the law is vague and restricts their ability to provide assistance to minors seeking abortions. They also claimed that it violates the First Amendment right of free expression and infringes on the Fourth Amendment right to travel between states.

While Judge Grasham dismissed the claim regarding the right to travel within Idaho, she allowed the other three claims to move forward. She emphasized that she was not placing free expression or due process above parental rights, but rather acknowledging that these rights have co-existed harmoniously for many years. The judge criticized the state for attempting to craft a statute that muzzles the speech and expressive activities of a particular viewpoint with which it disagrees under the guise of parental rights.

The issue of abortion trafficking was recently highlighted when prosecutors in eastern Idaho charged a woman and her son with second-degree kidnapping for taking the son's minor girlfriend out of state to get an abortion. However, these charges were not brought under the "abortion trafficking" law. Instead, the prosecutors claimed that the mother and son intended to keep or conceal the girl from her parents by transporting her out of state for the purpose of obtaining an abortion.

The defense attorney for the woman charged in the kidnapping case did not immediately respond to a request for comment. It is unclear if the case against her son is still ongoing, as his court file was not available online.

In summary, a federal judge has issued a temporary block on Idaho's "abortion trafficking" law, citing concerns about violations of free speech and expression rights. The law, which aimed to prevent minors from obtaining abortions in states where it is legal without parental consent, has been challenged by advocacy groups and an attorney who work with sexual assault victims. The judge dismissed one claim but allowed the others to move forward, emphasizing the need to balance various rights. The case gained attention after prosecutors in eastern Idaho brought kidnapping charges against a woman and her son for taking a minor out of state for an abortion.