Last week, a law banning abortions after six weeks took effect in Iowa, forcing Iowans to carry unwanted pregnancies or, if they have time and money, to travel across state lines for medical care. Because of the new ban, pregnant patients in Iowa are now just one complication away from their doctor saying, “I’m sorry, the state won’t let me help you.”
Utah was on the brink of becoming the next state with a near-total abortion ban last week. Our Legislature attempted to take us down the same path as Idaho, where some pregnant patients are told to purchase air ambulance insurance in case they need to be flown to another state for life-saving care. We almost became a place where doctors could face 15 years in prison for trying to help their patients. Instead, on Aug. 1, the Utah Supreme Court issued an important decision to protect abortion access in this state.
The court’s decision did three things. First, it kept abortion legal and accessible in Utah up to 18 weeks of pregnancy. Second, the court ruled the injunction, or pause, blocking Utah’s abortion ban from going into effect was properly decided and that Planned Parenthood Association of Utah had legal standing to challenge it. Third, the justices sent the case back down to a district court for additional litigation, which was expected.
Most importantly, the state’s Supreme Court said that abortion bans raise serious questions about Utahns’ rights, including the right to bodily integrity, the right to care for one’s family and the right to gender equality under the Utah Constitution. These are fundamental rights that some Utah lawmakers want to erase with their abortion bans. The court also ruled that there are substantial questions about whether the Legislature’s attempts to ban abortion violate those rights, rejecting the state’s argument otherwise. Plus, the court acknowledged “the physical, emotional and financial impact” a total abortion ban would have on Utah women forced to continue unwanted pregnancies.
Of course, not everyone is pleased with the court’s decision.
The Legislature’s anti-abortion leadership complained the court is “undermining the constitutional authority of the Legislature,” apparently forgetting that the court’s own constitutional authority empowers it to protect the rights of Utahns from legislative overreach.
Within hours of the decision, the Senate co-sponsor of the blocked ban held a press conference where he called on his legislative colleagues to quickly pass a new six-week abortion ban — just like the ban Iowans now live with. For some in the Utah Legislature, their only answer is more bans, more cruel restrictions against doctors and patients, and more government overreach that Utahns don’t want.
We know a majority of Utahns oppose the Legislature’s approach, because last fall we asked 1,200 likely Utah voters to tell us their thoughts on abortion.
64% were convinced that decisions about abortion should be left to “women, their faith, their community and their doctors” instead of Utah politicians. This includes 50% of “very active” members of the LDS faith.
60% said that horror stories of pregnant people in states with abortion bans being forced to wait until their illnesses become life-threatening made them more likely to support abortion access.
55% said it was important to keep abortion legal in Utah, including 61% of women and 68% of voters under age 35, and 70% of unaffiliated voters.
And 42% of Utahns personally oppose abortion but said they didn’t believe the government should interfere with someone else making the decision for themselves.
Utahns will soon learn if their Legislature will double down by passing another dangerous and unpopular abortion ban. If they do, Planned Parenthood Association of Utah will challenge them in court — again.
But Utah lawmakers could also change their approach. For example, they could expand prenatal health care for thousands of low-income, pregnant Utahns. When this bill came up during the 2024 session, anti-abortion legislators killed it despite the state’s own data showing 49% of abortions in Utah in 2021 were driven by financial burdens. By giving pregnant Utahns better access to health care, lawmakers could prevent more abortions than any new ban.
What will it be, Utah Legislature — more bans, or better health care?
All of us are watching your next move.
Jason Stevenson
Jason Stevenson is the Senior Director of Public Policy at Planned Parenthood Action Council of Utah.
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