Newly-enacted law will functionally end abortion access in the state starting May 3. Plaintiff and litigators to hold press call at 1:30 MDT to discuss the lawsuit
SALT LAKE CITY, UT – Today, Planned Parenthood Association of Utah (PPAU) filed a new complaint in the Third Judicial District Court for Salt Lake City, Utah, challenging HB 467, a newly-enacted law that will functionally eliminate access to abortion in the state if allowed to take effect on May 3, 2023 — even though abortion is currently legal in Utah up until 18 weeks of pregnancy.
Today’s supplemental complaint was filed in PPAU’s existing lawsuit against the state’s trigger ban law, which also would have had the effect of banning nearly all abortions if not enjoined by the district court last summer.
PPAU is now seeking a second preliminary injunction blocking key parts of HB 467 from taking effect on May 3, including, most significantly, a ban on abortions provided anywhere but at a hospital. Because over 95% of abortions in Utah are provided at licensed clinics rather than at hospitals, this law will ban the vast majority of abortions in the state.
PPAU’s motion argues that HB 467 violates the Utah state constitution, which guarantees rights to gender equality, bodily integrity, and privacy, among other things. The law also undermines Utahns’ right to determine the composition of their families and subjects abortion clinics to disparate treatment even though they provide abortion care just as safely and at far lower cost as compared to hospitals.
PRESS CALL: Litigators and plaintiffs will discuss the lawsuit during a call via Zoom today, April 3, at 1:30 PM MDT/ 3:30 PM EDT. There will be time for Q&A.
RSVP Required: Members of the media must register for the press call in advance. Register HERE to receive credentials and logistics.
Speakers will include:
- Sarah Stoez, interim president and CEO of Planned Parenthood Association of Utah
- Valentina De Fex, Senior Staff Attorney for ACLU of Utah
Sarah Stoez, interim president and CEO of Planned Parenthood Association of Utah:
Don’t be fooled: HB467 is an abortion ban disguised as a licensing requirement that will have a catastrophic impact on the lives and health of women in Utah. Time and time again, anti-abortion politicians have made clear that they will do whatever it takes to further their unpopular agenda, even at the expense of women’s lives and the wellbeing of their families. As promised, Planned Parenthood Association of Utah is fighting back and doing everything in our power to make sure that Utahns can get the care they need to stay healthy. We look forward to our day in court and to ensuring that all people have access to abortion beyond May 3.
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America:
HB 467 will do nothing to improve the lives and wellbeing of Utahns, no matter what its proponents want you to think. By peddling falsehoods and misinformation about abortion, lawmakers in Utah and across the country are further stigmatizing safe and essential care, and turning their backs on the people they were elected to serve. Anti-abortion politicians continue to push their unpopular agenda in every state, and we will be there at every turn, pushing back. We are proud to stand with Planned Parenthood Association of Utah and the ACLU of Utah to fight back against this dangerous law and protect Utahns’ access to care.
Valentina De Fex, Senior Staff Attorney for ACLU of Utah
HB 467 is another effort by anti-abortion politicians to end all abortions in Utah. Once again, Utah state legislators have passed a law that functionally bans abortion and disproportionately harms those who already struggle the most to access vital healthcare in violation of Utahns' constitutional rights. For decades, the ACLU of Utah has been dedicated to ensuring that the rights of all Utahns to make personal decisions about their reproductive health are recognized and protected. We will not shy away from challenging laws undermining these rights until we ensure everyone gets the care they need.
If HB 467 takes effect on May 3, 2023, abortion will be banned everywhere but at hospitals. On that date, PPAU — one of the state’s two outpatient abortion providers that provide the vast majority of abortions in the state — will no longer be allowed to offer this care, leaving thousands of Utahns without access.
HB 467 attempts to bypass the court ruling currently blocking the state’s total trigger abortion ban from taking effect and has led to confusion among clinics, hospitals, and patients alike. In addition to HB 467, lawmakers also passed a resolution this session that changes the civil procedure rules in state courts to allow the State to try to lift the trigger-ban injunction entirely. Even with the trigger ban enjoined, however, HB 467’s new hospital requirement will make it a second-degree felony to provide an abortion outside of a hospital starting on May 3, effectively banning abortion in the state.
PPAU is represented by attorneys at Planned Parenthood Federation of America, Zimmerman Booher, and the American Civil Liberties Union of Utah.
- A copy of the supplemental complaint can be found here.
- A copy of the motion for preliminary injunction can be found here.
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At Planned Parenthood Association of Utah, we believe that every Utahn deserves to choose their own path to a healthy and meaningful life. For more than 50 years, we’ve provided high-quality, affordable, and compassionate sexual and reproductive health care to thousands of Utahns at eight health centers across the state. For more information, please visit us online at www.ppau.org.
The ACLU of Utah, chartered in 1958, operates through public education, legal advocacy, litigation, and lobbying at both the state and local levels to ensure the constitutional rights and freedoms of everyone living in or visiting Utah. Our work is based on those principles outlined in the Bill of Rights and our priorities include: Participatory Democracy; Racial Justice; Immigrants' Rights; Religious Liberty & Freedom of Belief; and Privacy & Technology. In addition, we continue our commitment to reform the Utah criminal justice system, protect the First Amendment, reproductive freedoms, and equality for all. Learn more at www.acluutah.org.
Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable health care for women, men, and young people, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect and without judgment. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable health information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives.