Abortion Bans

NEAR-TOTAL

On January 25, 1991, Utah amended its abortion law to resemble its former, pre-Roe abortion ban, but the ban remains unconstitutional and unenforceable.  Utah Code Ann. § 76-7-302 (Previous Statute Enacted 1876; Repealed and Reenacted 1973; Repealed and Reenacted 1974; Amended 1991; Last Amended 2004).

The unenforceable law provides that any person who intentionally performs an abortion in violation of this law is guilty of a felony.  Utah Code Ann. §76-7-314 (Original Statute Enacted 1973; Repealed and Reenacted 1974; Amended 1991; Last Amended 1996).  The law prohibits abortion before 20 weeks gestational age, measured from the date of conception, unless:  (1) the abortion is necessary to preserve the woman's life; (2) the abortion is necessary to prevent "grave damage" to the woman's medical health; (3) the pregnancy is the result of rape or incest which has been reported to a law enforcement agency; or (4) the abortion would prevent the birth of a child with grave defects.  Utah Code Ann. § 76-7-302(2) (Previous Statute Enacted 1876; Repealed and Reenacted 1973; Repealed and Reenacted 1974; Relevant Provision Enacted 1991).  A court has held that this provision is unconstitutional.  Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). 

The unconstitutional and unenforceable law further provides that after 20 weeks, no abortion may be performed unless:  (1) it is necessary to preserve the woman's life or to prevent "grave damage" to her medical health; (2) or the abortion would prevent the birth of a child with grave defects.  Utah Code Ann. § 76-7-302(3) (Previous Statute Enacted 1876; Repealed and Reenacted 1973; Repealed and Reenacted 1974; Relevant Provision Enacted 1991).  A court has held that this provision is unconstitutional because it unduly burdens the right of a woman to choose.  Jane L. v. Bangerter, 102 F.3d 1112 (10th Cir. 1996), cert. denied, 520 U.S. 1274 (1997). 

BAN ON ABORTION PROCEDURE

Utah bans a safe abortion procedure.  Utah Code Ann. § 76-7-326 (Enacted 2004). 

Utah enacted an amendment to an existing law which bans a safe, medically appropriate abortion procedure.  When the law was enacted, a lower court enjoined its enforcement.  However, in the wake of the Supreme Court's decision in Gonzales v. Carhart, the lower court found the law constitutional and enforceable, and lifted the injunction.  Utah Women's Clinic v. Walker, No. 2:04CV00408 PGC (D. Utah May 31, 2007).

The law provides that no physician shall knowingly perform such an abortion procedure unless it is necessary to save the life of a pregnant woman "whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself."  The law further provides that any physician who violates the law shall be fined and/or imprisoned, and allows the husband or parents of the pregnant woman to bring a civil suit for damages against the physician.  Utah Code Ann. § 76-7-326 (Enacted 2004). 

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.