BREAKING: UTAH SUPREME COURT EXTENDS BLOCK ON STATE’S ABORTION BAN
Abortion remains legal up to 18 weeks of pregnancy and is accessible at licensed clinics in the state
Salt Lake City, UT – Today, the Utah Supreme Court rejected Utah’s request to overturn the preliminary injunction blocking SB 174, the state’s near-total abortion ban. This decision means that abortion remains legal in Utah up to 18 weeks of pregnancy. The ban, which initially passed in 2020 and took effect in 2022 after the Dobbs decision, seeks to outlaw abortion in Utah at any point in pregnancy — with only extremely limited exceptions — and to criminalize health care providers. Following a legal challenge brought by Planned Parenthood Association of Utah (PPAU), the near-total ban has remained blocked since June 2022 due to a court order. Today’s decision affirms the lower court’s decision to block the ban from taking effect while litigation continues.
The Utah Supreme Court found that it was a serious question whether the near-total ban violates rights under the Utah Constitution — including the right to bodily integrity, the right to care for one’s family, and the right to gender equality. While the Court did not decide at this procedural stage whether the ban violates those rights, it rejected the State’s argument that the Utah Constitution must allow Utah to ban abortion.
In its ruling, the Utah Supreme Court highlighted the harms that the near-total ban would cause to Utahns seeking abortion and the medical providers who care for them. For example, the Court acknowledged evidence of “the physical, emotional, and financial impact SB 174 would have on women who would be required to carry unwanted pregnancies to term." This decision confirms that Utahns will remain protected from those harms and that abortion will remain legal in Utah while the litigation challenging the near-total ban continues.
Planned Parenthood Association of Utah, ACLU of Utah, Planned Parenthood Federation of America, and ACLU will host a press call today at 12 pm MT to discuss the implications of today’s decision and next steps. Join zoom call here.
Statement from Kathryn Boyd, president and CEO of Planned Parenthood Association of Utah:
“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. 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.”
Statement from Brittney Nystrom, Executive Director of the American Civil Liberties Union of Utah Foundation (ACLU of Utah):
“Today is 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.”
Statement from Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America:
“This ruling is a victory for freedom. Reproductive health care, including abortion, is a fundamental right and should never be subject to the whims of out of touch politicians. For now, Utahns can continue making their own decisions about their health care. Planned Parenthood remains committed to ensuring that everyone, everywhere can make their own medical decisions and get the vital health care they need.”
Planned Parenthood Association of Utah is represented by attorneys at Planned Parenthood Federation of America, Zimmerman Booher, the American Civil Liberties Union of Utah Foundation, Inc., and the American Civil Liberties Union.
A copy of the court’s order can be found, here.
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