BOISE, Idaho — A federal appeals court on Monday ruled that the majority of Idaho’s novel legislation prohibiting assistance for minors seeking an abortion without parental consent can be enforced during an ongoing legal challenge regarding its constitutional validity.

The 9th U.S. Circuit Court of Appeals determined that the law’s ban on aiding a minor in obtaining an abortion by harboring or transporting them to keep the procedure hidden from their parents is likely to be upheld as constitutional.

However, a segment of the law remains halted, with the court finding that the provision banning the “recruitment” of pregnant minors infringes on the First Amendment. Consequently, prosecutors currently cannot pursue charges against individuals for “recruiting” or persuading a minor to undergo an abortion.

The court affirmed that activities like encouragement, counseling, and emotional support are protected forms of speech, even when they occur within the context of an abortion decision.

This ruling effectively overturns a previous decision made by U.S. Magistrate Judge Debora K. Grasham, who had temporarily barred the law’s enforcement after challenges were brought against the state during the summer of 2023.

Idaho has prohibited abortion at all stages of pregnancy, with the 2023 legislation aimed at preventing minors from seeking abortions in states where such procedures are permitted without parental permission.

Those who support the law describe it as a ban on “abortion trafficking,” while critics argue that it constitutes an unconstitutional limitation on interstate travel and infringes on free speech rights. Both sides view Monday’s ruling as a form of victory.

Wendy Heipt, a lawyer representing the plaintiffs, characterized the decision as a crucial success, allowing conversations about abortion healthcare between Idaho residents and pregnant minors.

She mentioned that the plaintiffs, consisting of various advocacy organizations, are evaluating their options for appeal.

Idaho Attorney General Raúl Labrador released a statement, deeming the ruling favorable for the state. He emphasized that the laws were crafted to safeguard the lives of both the unborn and mothers, asserting that trafficking a minor for an abortion without parental knowledge poses significant risks to both parties, reiterating the state’s commitment to protecting life in Idaho.

The law criminalizes both acquiring abortion pills for a minor and assisting them in leaving the state for an abortion without parental awareness and permission. Convictions under this law can lead to prison sentences ranging from two to five years, and individuals may also face lawsuits from the minor’s parents or guardians. However, a parent who has committed sexual abuse against their child will not be able to initiate a lawsuit. Despite this, the criminal charges for anyone assisting a minor in obtaining an abortion will continue to apply.