A ruling by the Utah Supreme Court last Thursday preventing the state’s abortion law from taking effect will allow for legal abortions to continue while Planned Parenthood’s challenge to the law makes its way through the court system. 

“In 2020, the Utah Legislature proactively passed S.B. 174 Abortion Prohibition Amendments, which would prohibit all elective abortions in Utah, except in rare circumstances involving rape, incest or medical emergency. S.B. 174 was contingent on a U.S. Supreme Court ruling that would permit states the option to ban abortion from conception to birth,” said Senator Daniel McCay, R-District 11. “In 2022, the U.S. Supreme Court decision in the Dobbs (vs. Jackson) case gave states back the right to choose their abortion regulations, overturning Roe v. Wade.”

Dobbs v. Jackson states that the Constitution does not confer a right to abortion; and, the authority to regulate abortion is “returned to the people and their elected representatives.”

 Unfortunately, shortly after S.B. 174 went into effect, Planned Parenthood sued the state, and a lower Utah court granted an injunction on the law while it went through the judicial process, McCay said. “While current Utah laws prevent elective abortions after 18 weeks, every unborn baby has just as much of a right to life.”

Although Utah state officials appealed the preliminary injunction the Supreme Court’s decision last week upheld the injunction.

Kathryn Boyd president and CEO of Planned Parenthood Association of Utah had this statement about the ruling:

“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.” 

Other state officials voiced their disappointment of the decision after the ruling last week. 

 “The U.S. Supreme Court’s landmark Dobbs decision reinstated the authority of our state to regulate abortion policy,”  Senate President J. Stuart Adams and Speaker Mike Schultz said in a statement. “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. Through this ruling, the Utah Supreme Court is undermining the constitutional authority of the Legislature to enact laws as elected representatives of the people of Utah.”

“Since the injunction was put in place two years ago, over 6,000 of these innocent babies have lost their lives to abortion,” said McCay. “The Utah Supreme Court decided to uphold the injunction, which will undoubtedly lead to the loss of thousands more innocent lives while it continues to go through the judicial process.” 

Additionally, this decision undermines the constitutional and proper process for creating laws in the Legislature, he said. “The Constitution grants states the authority to legislate on matters within their jurisdiction concerning the welfare of their citizens; the Dobbs decision reaffirmed this authority in the case of abortion. As elected officials, it is our responsibility to care for all Utahns, especially the most vulnerable among us – those who cannot defend themselves. In protecting the unborn, we are protecting all human life. I remain steadfast in being unapologetically pro-life and in my support for mothers, families and children.” 

The ruling did not decide whether abortion up to 18 weeks will continue to be legal in the state. The decision affirmed the lower courts made the right decision to prevent the state from enforcing the ban while the case proceeds.