Facing a dangerous, doomed pregnancy and unable to get desperately-needed abortion care in Idaho, Kayla Smith traveled to Washington state for lifesaving abortion care at UW Medical Center and now resides in Washington state
More on Kayla’s story from This American Life; Idaho Capital Sun; KTVB: ‘I don’t wish this on anyone:’ Idaho couple travels out of state for abortion
ICYMI: Murray Hosts Abortion Rights Briefing Ahead of Roe v. Wade Anniversary: “We Will Not Let Anyone Turn Away”
Washington, D.C. – Today, U.S. Senator Patty Murray (D-WA), President Pro Tempore, announced that she will be bringing Kayla Smith of Central Washington as her guest this year to President Biden’s State of the Union Address on March 7th. Kayla Smith was living in Nampa, Idaho in 2022—married, with a two-year old and pregnant again—when at 19 weeks, she went in for a routine ultrasound scan and learned that her baby, whom she and her husband had already named Brooks, had serious and fatal fetal anomalies, including inoperable heart defects. In addition to the awful knowledge that their baby was highly unlikely to survive, Kayla and her husband James were also worried about Kayla’s health should she continue the pregnancy—Kayla developed preeclampsia when pregnant with her first child, was hospitalized with neurological issues, and had an induction at 33 weeks. Idaho’s abortion bans contain no exceptions for fatal fetal abnormalities or to preserve the health of the pregnant patient—only to prevent death, although physicians have said it is unclear under the law when that exception would apply.
Unable to receive care under Idaho’s draconian abortion bans, at 21 weeks, Kayla and her husband traveled to Seattle, Washington to get an early induction of labor in Seattle at UW Medical Center—care they were barred from obtaining in Idaho. The trip cost thousands of dollars, requiring them to take out a personal loan and obtain financial assistance from friends and family. Two of the maternal-fetal medicine providers Kayla saw while living in Nampa have since left the state because of Idaho’s abortion laws—one of them, Dr. Kylie Cooper, has spoken out about how Idaho’s abortion bans turned her life as a physician upside-down and forced her to leave the state.
In 2023, Kayla and her family left Idaho and moved to Washington state, where they now reside—their decision to move was based in large part because they wanted to grow their family in a state nearby where basic reproductive health care was legal and protected.
“When I was 18 weeks pregnant with my second child, the anatomy scan revealed our son Brooks had several fatal fetal anomalies. With Roe overturned and Idaho’s trigger law going into effect just days before finding out about our son’s condition, we were forced to seek help outside of Idaho,” said Kayla Smith. “I grew up in Washington and felt safest coming back to get care here. My husband and I have since welcomed another little girl into our family and now currently reside in Washington. We felt strongly about raising our girls in a state where they would have bodily autonomy. I am honored to have been given the opportunity to sit alongside Senator Murray at the State of the Union address and continue to share not only my story, but the story of so many other women who have unfortunately been forced to flee their home state for abortion care.”
“Kayla Smith knows better than anyone the cruelty of Republicans’ anti-abortion agenda, and the chaos and anguish Republicans are creating for families in states where abortion is banned—because she’s lived it,” said Senator Murray. “We have to speak up at every opportunity and continue doing everything in our power to shine a light on the horrific consequences of Republican abortion bans that have ripped away a woman’s right to make her own health care decisions. Since the Dobbs decision, Washington’s status as a safe harbor state where abortion is legal and protected has meant our state has absorbed a major uptick in out-of-state patients forced to travel for abortion care—patients like Kayla. Kayla’s bravery in coming forward to speak out and tell her story—while at the same time fighting Idaho’s abortion ban—is inspiring, and I look forward to having her by my side at the State of the Union Address.”
“When it comes to abortion, women will not be silent and we will not be ignored,” Murray continued. “Everyone in America needs to know what happened to Kayla—and they need to understand that what happened to her in Idaho could happen to any woman in any state if Republicans succeed in passing their national abortion ban, which Donald Trump has made clear he supports. President Biden and Vice President Harris have done more to fight for abortion rights than any other administration, because they understand that women must be able to make decisions about their pregnancies without Republican politicians getting in the way. That is a message I look forward to hearing from President Biden at this year’s State of the Union Address as we continue to fight back against Republican attacks on women’s rights and work to restore the right to abortion nationwide.”
Kayla Smith is currently a plaintiff in the Adkins v. State of Idaho case challenging Idaho’s extreme abortion ban, which was filed by the Center for Reproductive Rights in September 2023. Specifically, the case seeks to clarify and expand the medical exceptions to Idaho’s two abortion bans to ensure physicians can provide abortion care to preserve a pregnant person’s health and safety, including in cases of fatal fetal diagnoses. The medical exception to Idaho’s near-total ban permits abortion only to prevent death, and its six-week ban similarly has a narrow medical exception. Clarifying the laws’ medical exceptions would allow physicians to provide life-saving care without waiting for patients to be near death. The lawsuit also seeks to clarify and expand the exceptions under the two bans to ensure physicians can provide abortion care to preserve a pregnant person’s health, including when the pregnant person has received a fatal fetal diagnosis. The Center for Reproductive Rights filed the case on behalf of seven plaintiffs: four women (including Kayla) who were denied medically necessary abortion care in their home state; two Idaho physicians who provide obstetrical care; and a professional membership organization consisting of Idaho physicians, medical residents and medical students.
Senator Murray, a senior member and former Chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, is a longtime leader in the fight to protect and expand access to reproductive health care and has led Congressional efforts to fight back against the Supreme Court’s disastrous decision in Dobbs v. Jackson Women’s Health Organization. Senator Murray has worked tirelessly to shine a light on the cruelty and chaos of Republicans’ anti-abortion laws and has made clear that she will be a firewall against Republicans’ continued attacks on women’s rights, including as a lead negotiator on annual government funding bills in her role as Chair of the Appropriations Committee. In January, Senator Murray led Senate Democrats in hosting a briefing on the State of Abortion Rights across America, where senators heard powerful testimony about the devastating harm of Republican abortion bans.
Senator Murray has introduced more than a dozen pieces of legislation to protect reproductive rights from further attacks, protect providers, and help ensure women get the care they need and repeatedly sought unanimous consent to pass common-sense bills to protect women’s fundamental freedoms; she also co-leads the Women’s Health Protection Act, which would restore the right to abortion nationwide, and has been leading Congressional efforts to make over-the-counter birth control affordable and protect access to mifepristone.
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