IN THE SENATE 

 
SENATE RESOLUTION NO. F22-R03 
BY SOCIAL ACTION COORDINATOR HETTINGA AND PRO TEMPORE SMITH  
SPONSORED BY SENATOR CROWLEY 
 
A RESOLUTION STATING STUDENT’S DISSENT FOR THE LEGAL RAMIFICATIONS ON
UNIVERSITY OF IDAHO EMPLOYEES FROM THE “NO PUBLIC FUNDS FOR ABORTION
ACT”  
  
1. WHEREAS, University of Idaho employees received a memo Friday, September 23rd
detailing General Counsel recommendations for UI employees when discussing abortion and
providing contraceptives in and out of the classroom. 1 
 
1. WHEREAS, the guidance from General Counsel is based on the following sections of
Idaho State Code Title 18: 1 §18-603 2 relating to the provision and discussion of
contraceptives; §18-5702 3 relating to the punishment for misuse of public funds; and Title 18
Chapter 87 4, the No Public Funds for Abortion Act.[Text Wrapping Break] 
1. WHEREAS, General Counsel’s role at the University of Idaho is to protect and advise on
legal matters pertaining to the business transactions of the university. Their opinions come
from legal research and prior court cases and their main objective is to protect the university
from legal repercussions. 8 
 
1. WHEREAS, the purpose of General Counsel’s memo is to protect employees of the
University of Idaho from potential lawsuits or legal ramifications primarily related to the No
Public Funds for Abortion Act. 1 Guidance is aimed at reducing legally risky behaviors, some
of which are outlined in following clauses.[Text Wrapping Break] 
1. WHEREAS, university employees are prohibited from promoting abortion, counseling in
favor of abortion, referring for abortion, dispensing emergency contraception, and advertising
or promoting services for abortion or the prevention of conception. 1 2 4 Barring staff and
faculty members’ ability to counsel students on a medical procedure may be harmful to
students considering all options or just seeking information. [Text Wrapping Break] 
1. WHEREAS, General Counsel cites Idaho State Code §18-603 in its recommendation for
the university to stop any provision of standard birth control outside of a clinical setting. 1 2
Condoms may be provided to prevent the spread of STIs, but they may not be promoted as a
method of birth control. 1[Text Wrapping Break] 
1. WHEREAS, a 2020 briefing paper by the Institute for Women’s Policy Research states
that unintended pregnancies have extremely detrimental impacts on students’ educational
success. 5 More than half of pregnancies in 18 to 24 year olds are unintended. 5 These
pregnancies can be prevented by access to and education on contraceptive options, 5 which is
not an option under the recent Counsel guidance. 1 [Text Wrapping Break] 
1. WHEREAS, General Counsel’s memo calls for a careful approach to discussing abortion
in the classroom. Classroom discussions on abortion are limited only when abortion is a topic
“relevant to the class subject” and is contingent on instructor neutrality. 1 [Text Wrapping
Break] 
1. WHEREAS, there are a multitude of courses at the University of Idaho which are not
directly related to abortion but discuss current events, state and local law, biological
processes, medical procedures, literature, philosophy, religion, and more. 6 Abortion may fit
into any of these categories without being a main class focus, meaning academic freedom
may be encroached upon by limiting class discussion topics. [Text Wrapping Break] 
1. WHEREAS, the University of Idaho encourages academic freedom among all students
and staff. Political discussions among contentious issues are vital for the understanding and
 growth of students and the Idaho Legislature should not cast a shade of doubt on University
of Idaho employees when having these conversations. [Text Wrapping Break] 
1. WHEREAS, University employees who are found guilty of violating the laws in Title 18,
Chapter 87 are at risk of misdemeanor or felony charges, fines, jail time, termination of
employment, and disqualification for any other state employment position which handles
public funds. 3 4  
 
1. WHEREAS, at the urging of the Legislature, the State Board of Education voted to make
student government-related fees optional for students so they could choose where their tuition
and fees are directed. 10 In State Code §18-8706, state law specifically prohibits the use of
tuition and fees paid by students for the provision of abortion services or education. 4 This is
hypocritical state policy and a clear overreach of the state government attempting to limit the
use of private funds. [Text Wrapping Break] 
1. WHEREAS, the No Public Funds for Abortion Act is not clear in its impacts on student
employees of the University. Student employees may feel pressure to avoid abortion-related
subjects beyond their work duties for fear of prosecution. Additionally, members of student
organizations may avoid abortion-related subjects for fear of their faculty advisors being
incriminated. The guidance on this act has negative impacts on students’ freedom of
expression. 
 
1. WHEREAS, the First Amendment clearly protects Freedom of Speech. Furthermore,
noncommercial speech, otherwise known as pure or political speech, is given the highest
degree of protection under strict scrutiny analysis. 9 [Text Wrapping Break] 
1. WHEREAS, freedom of speech and the ability to have open and honest communication
about political topics is an important aspect of a college education. Limiting a professor's
ability to bring up issues like abortion impedes academic freedom and results in a subpar
educational experience than students otherwise would have gotten. [Text Wrapping Break] 
1. WHEREAS, the Foundation for Individual Rights and Expression (FIRE) issued a
statement criticizing General Counsel’s memo, stating the guidance encroaches on academic
freedom and freedom of speech, both of which are central to the student experience at public
universities. 11[Text Wrapping Break] 
1. WHEREAS, the White House’s Press Secretary issued a statement saying, “To be clear,
nothing under Idaho law justifies the university’s decision to deny students access to
contraception. But the situation in Idaho speaks to the unacceptable consequences of extreme
abortion bans.” 7  
 
1. WHEREAS, regardless of individual opinion on abortion services and contraception, the
University of Idaho should stand up for freedom of speech on its campus for students and
employees - in the classroom, in resource centers, in offices, and beyond. [Text Wrapping
Break] 
1. THEREFORE, BE IT RESOLVED, the Senate body of Associated Students of
University of Idaho calls on University of Idaho administration to stand up for its employees
and students by: 
a. Revising Guidance on Abortion Laws to protect freedom of speech on campus
relating to abortion and contraception; and  
a. Advocating for changes to Title 18, Chapter 87 of Idaho State Code in the 2023
Legislative session.  
 
1. BE IT FURTHER RESOLVED, the Senate body of Associated Students of University of
Idaho calls upon the Idaho Legislature to repeal sections of the No Public Funds for Abortion
Act related to speech, counseling, referrals, and use of privately paid tuition and fees.  
 
COPIES OF THIS RESOLUTION SHALL BE SENT TO:  
UI President Scott Green 
UI Provost and Executive Vice President Torrey Lawrence 
UI Dean of Students Blaine Eckles 
UI Director of Women’s Center Lysa Salsbury 
UI Governmental Relations Liaison Caroline Nilsson Troy 
UI Office of the General Counsel 
UI Faculty Senate 
UI Staff Council 
UI Graduate and Professional Student Association 
UI Student Bar Association 
Senator David Nelson 
Representative Brandon Mitchell 
Governor Brad Little 
Idaho State Board of Education 
Idaho Democratic Party 
Republican Party of Idaho 
Argonaut 
Idaho Statesman 
Capitol Sun 
Moscow-Pullman Daily News 
Idaho Education News 
Planned Parenthood Generation Action at the University of Idaho 
Movimiento Activista Social at the University of Idaho 
College Republicans at the University of Idaho 
Young Democrats at the University of Idaho 
ACLU of Idaho 
Idaho Student Association 
Foundation for Individual Rights and Expression 
 
SOURCES REFERENCED 
1. Memo from UI General Counsel:
https://drive.google.com/file/d/1Tz5t4g1SCiWXa8S0APNdoKPTPMOKzunU/view?
usp=sharing 
1. State Code §18-603: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch6/
sect18-603/#:~:text=18%2D603.,or%20facilitating%20miscarriage%20or%20abortion. 
1. State Code §18-5702:
https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH57/SECT18-5702/ 
1. State Code Title 18 Chapter 87:
https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch87/#:~:text=CHAPTER
%2087%20NO%20PUBLIC%20FUNDS%20FOR%20ABORTION
%20ACT&text=GOVERNMENT%20CONTRACTS%20WITH%20ABORTION
%20PROVIDERS%20OR%20THEIR%20AFFILIATES
%20PROHIBITED.&text=CONTRACTS%20FOR%20ABORTION%20PROCEDURES
%20PROHIBITED.&text=USE%20OF%20PUBLIC%20FUNDS%20FOR%20ABORTION
%20PROHIBITED  
1. “Improving Success in Higher Education through Increased Access to Reproductive
Health Services,” 2020: https://iwpr.org/wp-content/uploads/2020/07/CERH-Higher-Ed-
brief.pdf  
1. University of Idaho Academic Offerings/Course Catalog:
https://catalog.uidaho.edu/academic-offerings/ 
1. White House statement: https://www.idahostatejournal.com/freeaccess/white-house-calls-
idaho-abortion-laws-extreme-and-backwards-in-response-to-university-memo/
article_594b5dfe-3e9a-11ed-a7cd-578779567c36.html  
1. Office of the General Counsel: https://www.uidaho.edu/general-counsel  
1. Freedom of Speech protections: https://learning.mheducation.com/static/awd/index.html?
_t=1664339623706#/  
1. State Board of Education Optional Student Fees:
https://www.ktvb.com/article/news/education/isbe-optional-student-fees-plan/277-cb7cf930-
22b7-45fe-a92d-3f863f75f626  
1. FIRE demands University of Idaho retract policy limiting faculty speech on abortion:
https://www.thefire.org/fire-demands-university-of-idaho-retract-policy-limiting-faculty-
speech-on-abortion/