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Utah

Abortion Bans

BAN ON ABORTION PROCEDURE
Utah bans a safe abortion procedure with no exception to protect a woman's health.  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 prohibits a physician from providing such a procedure unless necessary to save the woman's life.  Any physician in violation of the law can be fined and/or imprisoned.  The law also allows the woman's husband or her parents 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 certain second-trimester abortion procedures and has no 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.



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