SALT LAKE CITY, Utah, Aug. 1, 2024 (Gephardt Daily) — Abortion will remain legal in Utah following the state Supreme Court’s determination Thursday that a near-total abortion ban should remain blocked.
The Utah Supreme Court rejected the state’s request to overturn the preliminary injunction blocking SB174, Utah’s abortion “trigger law,” saying the lower court acted within its authority when it blocked the ban in June 2022.
The action allows abortion care to remain legal in Utah for up to 18 weeks of pregnancy while the litigation continues.
“Today’s decision means that our patients can continue to come to us, their trusted health care providers, to access abortion and other essential reproductive services right here in Utah,” said Kathryn Boyd, president and CEO of Planned Parenthood Association of Utah, which challenged the law in court.
“While we celebrate this win, we know the fight is not over. Planned Parenthood Association of Utah looks forward to this unconstitutional law being permanently struck down so that we can continue to provide quality, affordable health care to Utahns, free from political interference,” Boyd said.
Abortion advocates plan to celebrate the ruling at a 7 p.m. Thursday rally on the south steps of the Utah Capitol.
ACLU Executive Director Brittney Nystrom called the decision a “victory for Utahns’ civil rights and liberties.”
“There are many reasons why Utahns might make the deeply personal decision to have an abortion. We should trust and respect people to decide what’s right for themselves and their families, and keep the government out of these personal medical decisions,” Nystrom said.
Passed by the Utah Legislature in 2020, SB174 sought to ban abortion at any stage of pregnancy except in cases of rape, incest or health issues involving the mother.
The law took effect in 2022 following the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which determined the Constitution does not guarantee the right to an abortion and overturned Roe v. Wade.
Democrats cheered the Utah Supreme Court’s ruling Thursday as a victory for women’s rights, while Utah’s Republican governor and legislative leaders expressed disappointment in the action.
Gov. Spencer Cox said the court’s ruling “will further delay implementation of laws designed to protect some of the most vulnerable members of our state.”
“We are hopeful that this decision will be a temporary setback and the laws will take effect following resolution of the case. We are grateful for the state’s current restriction on abortions after 18 weeks. Regardless of this outcome, our administration will continue to fight for all Utahns, including the unborn,” Cox said.
Senate President Stuart Adams and House Speaker Mike Schultz, both Republicans, accused the Utah Supreme Court of “undermining the constitutional authority of the Legislature to enact laws as elected representatives of the people of Utah.”
“The U.S. Supreme Court’s landmark Dobbs decision reinstated the authority of our state to regulate abortion policy. The Utah Legislature thoughtfully acted to ensure the state had a strong policy in place to protect both the unborn and the life of the mother. We are deeply disappointed by the Utah Supreme Court’s ruling today preventing our state’s abortion law from taking effect more than two years after the Dobbs decision,” Adams and Schultz said in a joint statement Thursday.
Salt Lake County Mayor Jenny Wilson and Salt Lake City Mayor Erin Mendenhall were among those who cheered the decision.
“I am grateful for the Court’s decision and that access can continue in Utah,” Wilson said. “Such a deeply personal and fundamentally impactful decision belongs with a woman and her family, not politicians. I reaffirm my promise to advocate for reproductive rights for all. I urge Congress to act now to pass federal protections for reproductive rights for all states, including Utah.”
“Bodily autonomy is a fundamental human right,” Mendenhall added. “There is no freedom without the freedom of choice for our bodies. While the fight against S.B. 174 continues in the lower court, I am relieved by today’s decision and am thankful to Planned Parenthood, the ACLU, and other dedicated advocates and providers for defending our rights and ability to access care.”
