Third District Judge Andrew Stone authorized an urgent hearing Monday on a lawsuit filed by Planned Parenthood over Utah’s abortion law, which went into effect Friday. (Spencer Heaps, Deseret News)
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SALT LAKE CITY – A Utah judge issued a temporary restraining order Monday, blocking the entry into force of Utah’s new abortion law, SB174.
The remand order is valid for 14 days. The Planned Parenthood of Utah requested the restraining order, while the case, which alleges that the law of activation violates the Constitution of Utah, is being considered in the courts. Planned Parenthood officials told the court they would request a preliminary ban for the next two weeks, which would prevent the law from taking effect longer if granted.
Utah’s abortion law went into effect Friday night following a ruling earlier that day by the U.S. Supreme Court in the Dobbs v. Jackson Women’s Health Organization case, which overturned the Roe v. Wade ruling. Utah’s new law says abortions in Utah are legal only if the mother’s life is at risk, if the pregnancy is the result of rape or incest, or if two doctors who practice “maternal and fetal medicine” determine that the fetus has a serious illness. defect.
Third District Judge Andrew Stone granted Planned Parenthood’s request for an urgent hearing to discuss whether there should be a temporary restraining order in the case. The restraining order temporarily allows abortions to continue as they did in Utah before the Supreme Court ruling.
Stone said the impact of the abortion outweighs Utah’s interest in stopping abortions immediately, noting that doctors are threatened with crime under the new abortion law and women will be deprived of safe medical treatment. He said the issues in the case deserved further discussion.
He also noted that this claim is likely to be “climbed up” and appealed to the Utah Court of Appeal or the Utah Supreme Court, noting that his job is to give his best judgment.
Julie Murray, a lawyer representing Planned Parenthood, argues that delaying abortions can be detrimental to health and reduce a woman’s access to an abortion. She said the stakes were high, asking the court to consider the balance of damages and how people could be harmed by the law.
“One week can make a significant difference in the likelihood that someone will ever have an abortion,” she said.
Murray also said that because several states ban abortions at the same time, it will increase the cost and demand for abortions in states where it remains legal. She argues that for the past five decades, women have relied on the ability to have an abortion and that it should not be taken so quickly.
Planned Parenthood said it planned to have at least 12 abortions on Monday and asked the court to quickly address the issue in its request for a hearing.
Tyler Green, who represents Utah, said the state did not have much time to prepare before Monday’s hearing. He said he understood that the plaintiffs considered their case urgent.
He said the complaint cited 10 constitutional provisions, but none of them should be considered to speak of abortion based on language in the code, and that Planned Parenthood’s complaint did not attempt to link them to abortion.
“The Supreme Court is clear that states have a strong interest in protecting the rights of their unborn citizens,” he said.
Murray argued that the Utah Constitution, which she said had more affirmative rights than the U.S. Constitution, made it clear that men and women should have equal rights. She said that although people writing the Constitution may not have thought about abortion, they understood that what the code meant would change over time.
Dina Holland, CEO of Pro-Life Utah, issued a statement expressing disappointment with the judge’s decision.
“We are deeply saddened by today’s decision of the 3rd District Court, which allows abortions to continue in Utah. Dozens of babies will now die as a result of this decision. However, we are confident that Utah’s unborn protection law will be urging any woman considering an abortion to turn to ProLifeUtah.org for help and support, “she said.
Sen. Dan McKay, R-Riverton and the sponsor of the Utah Abortion Act, also expressed disappointment with the restraining order.
“Statistically, 8.2 babies are aborted every day in Utah. Unfortunately, Judge Stone sentenced 115 babies to death. It is disappointing that the law, designed to protect the most vulnerable, the unborn, is delayed by a judge without legal support. “I am confident that the Utah abortion ban will be upheld and we can work to sustain life,” McKay said in a statement.
The Planned Parenthood case, filed on Saturday, alleges the law violates the Utah Constitution.
“Utah, who have relied on safe, legal access to abortion – access that has existed for at least five decades – will lose the right to determine the composition of their families and whether and when to become parents; their right to be free from a discriminatory state laws that uphold stereotypes about women and their proper social role; the right to bodily autonomy and freedom from forced slavery; and the right to take private health care decisions and to keep those health care decisions free from public scrutiny, “the lawsuit states.
In the complaint, Planned Parenthood said the law would be “catastrophic for Utah residents” if it remained in force, and said it would criminalize health care providers and force survivors of sexual violence to disclose personal information in order to receive care.
Carrie Galloway, president and CEO of the Planned Parenthood Association in Utah, told a news conference after Monday’s decision that there was a great sense of relief in the building when the decision was made, and she felt the walls shook because of the reaction. .
“Until an hour ago, Utah politicians were making decisions about women’s bodies. And that’s not right,” she said.
She said Planned Parenthood is committed to guaranteeing people reproductive rights, calling the Supreme Court ruling devastating. She said each of the 26 states “seeking to suppress women’s rights” challenged it differently. She said Louisiana courts also issued a similar temporary restraining order Monday against the state’s trigger law.
Galloway said there is still a lot of work to be done and they hope to prevail, but admits it will probably be a long and difficult battle.
“Planned parenting will always stand by our patients and providers – no matter what,” she said.
The case names Utah, Attorney General Sean Reyes, Governor Spencer Cox and Mark Steinagel, director of the Utah Professional and Professional Licensing Division. To date, none of these parties have responded to the claim.
Stone has scheduled a new hearing on the issue for July 11 to consider the motion for preliminary injunction Planned Parenthood plans to file and the response from Utah.
Correction: An earlier version stated that the hearing would take place on 13 July. The hearing is scheduled for July 11, but additional time has been scheduled for July 13, if necessary.
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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and legal issues, as well as news on health, faith and religion.
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