Utah’s Abortion Ruling

Summary

On August 1, 2024, the Utah Supreme Court rejected Utah’s request to overturn the preliminary injunction blocking SB 174, the state’s abortion Trigger ban, from taking effect. This decision means that abortion care continues to remain legal in Utah up to 18 weeks of pregnancy, as it has since June 2022.

What The Ruling Means

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.

Regarding Threats by Lawmakers to Propose More Abortion Restrictions

Planned Parenthood Association of Utah and our allies including the League of Women Voters of Utah will use all the tools at our disposal to block dangerous abortion bans in Utah, including litigation if necessary.

The Utah Supreme Court decision confirmed that Utah courts continue to stand ready to enforce the constitutional rights of Utahns. In June 2022, the trial court blocked this near-total ban from irreparably harming pregnant Utahns and their families. The most recent Utah Supreme Court stood behind that order.

These court rulings recognize the real-world impact that abortion bans have on Utahns’ lives.

Litigation Background

SB 174, Utah’s Trigger ban, was passed by the Utah Legislature in 2020. This law seeks to outlaw abortion in Utah at any point in pregnancy, with only extremely limited exceptions, and to criminalize health care providers. Following the U.S. Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization in June 2022, which allowed the Trigger ban to take effect, PPAU brought a legal challenge, and the Trigger ban was blocked due to a court ordered injunction.

Abortion has remained legal and accessible in Utah up to 18 weeks gestation since June 2022 because of the injunction blocking the implementation of the trigger ban. In August 2022, the state of Utah appealed the injunction of SB 174 to the Utah Supreme Court. A hearing was held in August 2023. The justices on the court took almost a year to decide the case, and on August 1, 2024 they issued a ruling rejecting the state’s request to remove the injunction blocking the Trigger ban from taking effect.

Litigation Timeline

The decision by the Utah Supreme Court is not the final word. The Trigger ban will now be litigated in district court while the injunction continues to block it from taking effect. Abortion care up to 18 weeks will remain legal and available in Utah during the district court trial, which could take several months to complete. Planned Parenthood Association of Utah will continue to fight in court for Utahns’ abortion rights and to help patients to the full extent allowed by the law.