Idaho Code
Idaho Code

Idaho Code § 18-8705 (2026)

Use of Public Funds for Abortion Prohibited. 

✓ current as of May 2026
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Use of Public Funds for Abortion Prohibited. 

(1) No public funds made available by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof and distributed by any institution, board, commission, department, agency, official, or employee of the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used in any way to provide, perform, or induce an abortion; assist in the provision or performance of an abortion; promote abortion; counsel in favor of abortion; refer for abortion; or provide facilities for an abortion or for training to provide or perform an abortion.

(2)  No person, agency, organization, or any other party that receives funds authorized by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof may use those funds to perform or promote abortion, provide counseling in favor of abortion, make referral for abortion, or provide facilities for abortion or for training to provide or perform abortion.
(3)  No fund or committee authorized by Idaho Code for the special protection of women or children shall be authorized to use or distribute public funds for payment for abortion, abortion referrals, abortion counseling, or abortion-related medical or social services.
(4)  The provisions of subsections (1), (2), and (3) of this section shall not apply to:
(a)  An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b)  A hospital, as defined in section 39-1301, Idaho Code; or
(c)  A contract or commercial transaction that is subject to a federal law related to medicaid.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2025 · leading case: Idaho Fed'n of Teachers v. Labrador,et al. (D. Idaho 2024).
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Idaho Fed'n of Teachers v. Labrador,et al. (D. Idaho 2024). · cites it 3× “Idaho Code § 18-8705 (1). The NPFAA also provides that “[n]o person” who “receives [public] funds .”
Idahoans United for Women & Families v. Labrador (Idaho 2025). · cites it 2× “I.C. § 18-8705(1), (2). Likewise, Idaho Code section 56-209c provides that “[n]o funds available to the department of health and welfare .”
Idahoans United for Women & Families v. Labrador (Idaho 2025). · cites it 2× “I.C. § 18-8705(1), (2). Likewise, Idaho Code section 56-209c provides that “[n]o funds available to the department of health and welfare .”
— Idaho Code § 18-8705(1) — 2 cases
Idahoans United for Women & Families v. Labrador (Idaho 2025). “I.C. § 18-8705(1), (2). Likewise, Idaho Code section 56-209c provides that “[n]o funds available to the department of health and welfare .”
Idahoans United for Women & Families v. Labrador (Idaho 2025). “I.C. § 18-8705(1), (2). Likewise, Idaho Code section 56-209c provides that “[n]o funds available to the department of health and welfare .”
— Idaho Code § 18-8705(2) — 1 case
Idaho Fed'n of Teachers v. Labrador,et al. (D. Idaho 2024). “Idaho Code § 18-8705 (1). The NPFAA also provides that “[n]o person” who “receives [public] funds .”
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