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A new ballot petition being circulated around Idaho would put directly a question many people uneasily dance around:

Is abortion murder?

It comes from a group called Abolish Abortion Idaho (website http://www.abolishabortionid.com), based at Hayden. It calls for not repealing the 1973 Supreme Court decision Roe v. Wade, but defying it. There’s the possibility coming changes at the court could lead to a repeal anyway, but the effort here is no gray-area endeavor. It’s a frontal challenge based around the group’s core principles and, it has to be said, those of a lot of Idaho’s elected officials.

The web site argues: “Idaho Code already says that abortion is murder but that it may not be prosecuted. [This appears to be accurate.] This petition will establish equal justice for the preborn by prosecuting all who would murder them. The initiative is about equal protection under the law for preborn babies, and it eliminates the ability of a special class of people to commit a serious crime without the fear of prosecution.”

To that end the proposal would set state policy that abortion, any abortion at any stage of development, be prosecuted the same as any heinous serial killer murder you can recall. The proponents add, “There will be no exceptions for rape and incest, since the baby should never pay for the crimes of the fathers. The traditional exceptions for abortion when the life or health of the mother are threatened have been eliminated as well.”

AAI is rigorously consistent here. If you do believe abortion is murder, as so many Idaho political figures have said so clearly for so many years, then why should each provable case not be prosecuted as such? No crime, after all, is ordinarily more rigorously prosecuted than murder.

To be clear: I’m not, in this column, arguing the merits of that determination of abortion as murder. But in Idaho and around the country many politicians who have made the “abortion is murder” argument, have spent decades tinkering with the laws (to make abortion more difficult, inconvenient and expensive), while knowing that Roe v. Wade means their beliefs will never be put to the test.

The nature of the test is alluded to by AAI, but in a way you might generously call over-optimistic: “The goal of the initiative is not to punish mothers, but it is to abolish abortion. Once abortion is illegal with a severe associated penalty, we expect that very few women will ever be prosecuted under this new law.”

There are two ways to take this. If the group means to suggest little prosecution because prosecutors would rarely bring the cases, that suggests the change in law would have no teeth, and be pointless.

But if they’re suggesting the law’s intended punishment – ranging from a very long prison sentence to the death penalty – would be an effective deterrent, they’re fooling themselves. Murders of the type prosecuted now haven’t stopped, and won’t, because deep penalties are attached to them. Neither do many other heavily-punished crimes.

And if the goal “is not to punish mothers,” why not, if they’ve committed murder? You could go after doctors and nurses too (as some anti-abortion activists have in other ways). But if the law drove abortion activity away from doctors’ offices and toward other means, including self-performed abortions, how can you be rigorously in favor of legally stopping abortion without going after mothers?

This ballot issue would put the core of the question right out there. If it gets on the ballot we’ll get a chance to see what Idahoans really think about abortion – and about the consequences of following through on what has been to now mostly rhetoric.

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Idaho Idaho column Stapilus