Abortion in Utah: Stays with Standing – 18 Weeks
Abortion in Utah: Stays with Standing – 18 Weeks
August 9, 2024
By Jeramy Ashton
On August 1, 2024, the Utah Supreme Court upheld a suspension on Utah’s near-total abortion ban that would prohibit the procedure at any time during pregnancy except in cases of rape, incest, and limited health circumstances. As a result, abortion remains legal up to eighteen weeks into pregnancy for the time being.
Utah is one of at least twenty states that has banned or significantly restricted reproductive freedoms, prompting lawsuits across the country. In this specific instance, the State of Utah argued that Planned Parenthood had no standing or legal right to bring the case as the organization had no “personal stake” in the litigation. In a 4-1 decision, the Utah Supreme Court disagreed with the state saying the organization had standing to sue on behalf of its patients and that the suspension would stay for now.
Whether abortion up to eighteen weeks will remain permanently legal in the Beehive State depends on the outcome of the lawsuit concerning the constitutionality of the ban passed in 2020 and challenged in 2022 after the U.S. Supreme Court eliminated the national right to abortion, a right recognized since 1973.
In response to U.S. Supreme Court’s decision, many states enforced laws that limit access to abortion, including Utah’s laws passed in 2019 (currently in effect) and 2020. These laws impose a near-total abortion ban that would prohibit the procedure at any time during pregnancy, with very limited exceptions. These exceptions include cases of rape, incest, and certain health conditions, but even these require formal diagnoses by two physicians to confirm an irreversible defect or a risk of death.
The ban provides that if a person is found to have performed an abortion, they would be guilty of a second-degree felony that may be punished by up to fifteen years in prison and up to $10,000 in fines. Further, a physician who performs an abortion would have the violation reported to the Department of Professional Licensing.
After taking effect in 2022, Planned Parenthood Association of Utah filed a lawsuit seeking to block the ban. The organization argued that such a ban violated the Utah Constitution as it relates to family composition and the right to gender equality. A preliminary injunction was issued in July 2022, blocking the state from enforcing the near-total ban while the case proceeded. Utah state officials appealed, sparking the ruling from Utah’s highest court, leaving the injunction in place until the matter is fully litigated.
If you have any questions about how the case or ban impacts your practice or organization, please contact your regular HPS attorney.
Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Jeramy Ashton. This post constitutes a form of attorney advertising as defined by some state bar associations.