Utah's Abortion Ban: Trigger Law Explained

Utah's abortion trigger law is a 2020 bill that bans abortion with exceptions for maternal health threats or rape and incest reported to the police. A trigger law is a law that is triggered or goes into effect after a specified event. In this case, the trigger was the U.S. Supreme Court's decision in Dobbs v. Jackson, which overturned Roe v. Wade and put the question of abortion regulation in the hands of individual states. Utah's trigger law has been challenged in court, with a lower court putting it on hold in 2022, and the case is now before the Utah Supreme Court.

The Utah Supreme Court's role in the abortion trigger law

In June 2022, a district court blocked the trigger law, and abortion has been legal up to 18 weeks in Utah since then. The Utah Supreme Court heard arguments on August 8, 2023, on whether to uphold this block or allow the law to go into effect. The Court listened to oral arguments from both sides, with the state's attorneys arguing that the original public meaning of the state constitution did not guarantee a right to abortion, while Planned Parenthood and the ACLU argued that access to abortion is essential to equal access to other rights.

The Utah Supreme Court's majority-women panel appeared skeptical of the state's claims, probing Utah's attorneys on their arguments and questioning how the original meaning of the state's constitution extends to this issue. The Court's decision was expected to be announced on Thursday, August 10, 2023, and it will have a significant impact on the legality and accessibility of abortion in Utah.

The 2020 trigger law and its exceptions

The trigger law in Utah, passed in 2020 as SB174, bans abortions in the state except in certain limited circumstances. These exceptions include cases where abortion is deemed necessary to prevent the death of the pregnant woman or where there is a serious risk of substantial and irreversible impairment of a major bodily function. The law also allows for abortions in cases of fatal foetal abnormality, such as a uniformly diagnosable and lethal defect or a severe brain abnormality. In cases of rape or incest, abortion is permitted up to 18 weeks, provided that the crime has been reported to the police.

The trigger law was enacted following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and returned the question of abortion regulation to the states. In Utah, this decision led to the implementation of the trigger law, which had been passed in 2020, and the enforcement of an 18-week ban on abortions.

The trigger law in Utah has faced legal challenges, with Planned Parenthood suing to block its implementation. A lower court initially put the law on hold, but the state's attorneys appealed to the Utah Supreme Court to overrule this decision. The Utah Supreme Court heard arguments on whether to uphold or overturn the lower court's ruling, with a decision pending as of August 2023.

The outcome of the legal battle over Utah's trigger law remains uncertain, with the Utah Supreme Court's decision being a crucial factor in determining the future of abortion access in the state.

The impact of Roe v. Wade's overturning

The overturning of Roe v. Wade has had a profound impact on abortion laws and reproductive rights in the United States, with far-reaching consequences for women's health and well-being, particularly in Utah.

Impact on Abortion Laws and Reproductive Rights

The overturning of Roe v. Wade has removed the constitutional protection for abortion, allowing individual states to decide the legality of abortion. This has resulted in a patchwork of abortion laws across the country, with some states enacting near-total bans on abortion, while others are seeking to protect abortion rights. Utah falls into the former category, with a trigger law banning most abortions that took effect after Roe v. Wade was overturned. This law includes exceptions for cases where the mother's life is at risk or in cases of fatal fetal abnormality, and a separate law allows abortion up to 18 weeks in cases of rape or incest.

Impact on Women's Health and Well-being

The loss of constitutional protection for abortion has particularly affected midlife women, who may face unintended pregnancies due to incorrect assumptions about reduced fertility or erratic fertility patterns before menopause. The overturning of Roe v. Wade may also lead to an increase in unsafe abortions, as global data suggests that abortions are safer in countries where abortion is legal and accessible. Restricted access to abortion can also have detrimental effects on mental and physical health, with research indicating higher rates of depression, anxiety, and poorer physical health among women who are forced to carry unwanted pregnancies to term.

Impact on Marginalized Communities

The overturning of Roe v. Wade has disproportionately impacted marginalized communities, including people of color, people with low incomes, and LGBTQ+ communities. People of color, particularly Black and Brown women, have historically faced barriers to accessing reproductive health care and have been targets of racist practices within the healthcare system. The loss of Roe v. Wade further limits their access to abortion services and exacerbates existing inequalities. Additionally, mobility and financial constraints create additional hurdles for these communities, making it difficult for them to travel out of state to access abortion care.

Impact on Healthcare Education and Access

The overturning of Roe v. Wade has significant implications for medical and nursing education, as future healthcare providers may not receive adequate training in abortion care and the management of pregnancy complications. This, in turn, can negatively impact the long-term quality of reproductive healthcare in the United States. The loss of Roe v. Wade has also led to a decrease in new doctors applying to work in states with restrictive abortion laws, such as Utah, and has motivated OB-GYNs to change their plans to work in these states.

Arguments for and against the law

Arguments for and against Utah's abortion trigger law

Arguments for the law

Utah's abortion trigger law, SB174, was passed by the Utah Legislature in 2020 and bans abortions in the state except in limited circumstances. The law only permits abortions if the mother's life is at risk, if there is a severe risk of substantial and irreversible impairment of a major bodily function, or in cases of rape or incest. Proponents of the law, including Utah's attorneys and the state's outside counsel, argue that the original public meaning of the state constitution, drafted during the Mormon Pioneer era in 1895, did not guarantee a right to abortion. They contend that the question of abortion regulation should be left to the states and their elected representatives to decide. They further assert that there is no constitutional text, history, or common law tradition supporting abortion rights in Utah.

Utah's attorneys also argue that abortion was restricted when the state's constitution was ratified in 1895, and thus, the court should interpret that clause to not include abortion rights. They highlight the state's history of prosecuting abortion laws and the absence of any claims of unconstitutionality in those cases. Additionally, they maintain that the law recognises the value and worth of protecting unborn individuals' lives.

Arguments against the law

Opponents of the law, including Planned Parenthood Association of Utah (PPAU) and the American Civil Liberties Union (ACLU) of Utah, argue that the trigger law violates the Utah Constitution, which ensures equal protection under the law. They contend that the law infringes on pregnant Utahns' rights to determine when and whether to have a family and make decisions about their own bodies and lives. PPAU and the ACLU of Utah assert that access to abortion is essential for women to have equal access to other rights, such as bodily autonomy and the right to determine their family makeup.

Camila Vega, an attorney with the Planned Parenthood Federation of America, argues that abortion is necessary for women to have equal rights. She claims that forcing women to use their bodies to bear children results in a lack of equality. Vega highlights the physical and mental health challenges associated with pregnancy and labour, and the fact that pregnancy is the only scenario where individuals are mandated to undergo a medical procedure. She also points out that, historically, abortion has been safe, legal, and routine in Utah for the last 50 years, and that this changed circumstance should be considered by the court.

Additionally, opponents of the law argue that not having access to abortion negatively impacts women's social and economic outcomes and can make it difficult for women to leave abusive partners. They further emphasise the importance of preserving the status quo of allowing abortions while the legal battle continues.

The law's current status

The current status of Utah's abortion trigger law is in flux, with the law being challenged in the courts.

In June 2022, Utah began enforcing its trigger ban, which prohibits abortions except in cases of rape, incest, or when the pregnant person's life is at risk. However, this law has been subject to legal challenges, with abortion rights advocates arguing that it violates the state's constitution.

The trigger law was initially blocked by a district court judge within a few days of it being passed, and abortion has remained legal up to 18 weeks in Utah since then. The Utah Supreme Court heard arguments in August 2023 and is expected to rule on whether the ban should remain blocked until a lower court determines the law's constitutionality.

The Utah Supreme Court's decision will have a significant impact on the legality of abortion in the state. If the court rules in favor of the state, the trigger law will go into effect, banning most abortions in Utah. On the other hand, if the court rules against the state, abortion will remain legal up to 18 weeks, with limited exceptions.

The Utah Supreme Court's decision is not the end of the legal process, as the losing side is likely to appeal the decision. The case may ultimately be decided by the U.S. Supreme Court, which has already played a significant role in shaping abortion laws across the country.

In addition to the legal challenges, there has also been some legislative action to repeal certain aspects of Utah's abortion laws. For example, a repeal of the abortion clinic ban, which was passed into law last year, has been sponsored by Republican Rep. Karianne Lisonbee, one of the architects of the ban. Oral arguments on the trigger law were heard by the Utah Supreme Court in August 2023, but a ruling has not been issued yet.

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