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Abortion in Utah

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Abortion in Utah

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

A 2014 Pew Research Center survey found that 51% of Utah adults said abortion should be illegal in all or most cases with 47% saying it should be legal, and a 2022 joint Deseret News/Hinckley Institute of Politics poll found 46% of Utahns thought abortion should be legal only in cases of rape, incest, or threats to mothers’ health.

The number of abortions performed annually in Utah has dropped over the decades with 4,796 abortions performed in 1990 and 2,922 performed in 2019. In 2019, 61.8% of abortions performed in Utah were due to socioeconomic reasons.

In 1876, the Territory of Utah banned the deliberate induction of a miscarriage, except in cases where it was necessary to save a patient's life. Shortly after attaining statehood, the Utah legislature passed a law in 1898 designating a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, as guilty of a criminal offense.

The Supreme Court preempted all state laws restricting and regulating abortion in January 1973 with its decisions in Roe v. Wade and Doe v. Bolton. In March 1973, the state legislature passed the Utah Abortion Act, reinstating the ban on abortion except in cases where the patient's life or health was endangered. The law also required the father's consent before an abortion could be carried out. This law was struck down by the U.S. District Court for the District of Utah in August, citing Roe as evidence that it was unconstitutional.

In February 1974, a weakened version of the state's abortion law was enacted, following the precedent set by Roe. A case against this version of the law, H. L. v. Matheson, was brought to the U.S. Supreme Court in 1981, challenging the provision that the parents of a minor must be notified before an abortion can be administered. The Supreme Court ruled that Utah's requirement, as well as the requirement that the husband of a married woman must be notified, was valid because it did not require their consent or allow the parents or spouse to stop the procedure from taking place. Beginning in the early 1980s, Planned Parenthood became Utah's only Title X grantee and the only abortion service provider in the state.

The Criminal Abortion Act, signed into law by Governor Norman Bangerter in January 1991, was regarded as the strictest abortion law in the nation at the time of passage. It banned abortion except in cases where the patient's life or health was at risk, or where fetal defects were found. Abortions in cases of rape or incest were permitted only until the fifth month of pregnancy. Much of the law was found to be unconstitutional in December 1992. The case of Jane L. v. Bangerter was denied certiorari by the U.S. Supreme Court in 1997, leaving the provisions struck down.

The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. The informed consent materials in South Dakota, Texas, Utah and West Virginia given to women seeking abortions include counseling materials that say women who have abortions may have suicidal thoughts or experience "post-abortion traumatic stress syndrome," which is not recognized by American Psychological Association or the American Psychiatric Association. In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics. There was a pending bill in Utah in early 2018 to prohibit women from requesting their doctors perform abortions as a result of getting a Down syndrome diagnosis during their pregnancies. The bill was co-sponsored by Republican state Sen. Curt Bramble. In 2019, only 24% of the state legislators were female.

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