Repealing illegal laws in Idaho not always certain

A federal judge has ordered the Idaho Legislature to repeal unconstitutional laws before the end of this year’s legislative session, but Idaho lawmakers aren’t jumping to take on the challenge.

The inaction is part the ongoing hesitation in Idaho’s Republican supermajority to remove unenforceable laws that are sprinkled in both the state’s Constitution and laws.

Most recently, U.S. District Court Judge B. Lynn Winmill signed off on a settlement that was contingent on the Statehouse repealing sections of two laws banning women from receiving abortion-inducing medication through telemedicine. If not, Winmill will declare the laws unconstitutional.

Winmill also approved a separate settlement that paused an ongoing lawsuit to wait and see if the Idaho Legislature would change Idaho law that bans businesses from serving alcohol during any live performances that depict simulated sex or masturbation.

So far, leadership has not taken steps to remove the offending laws.