By the time the courts finish litigating the state abortion law, thousands more lives may be lost, said Sen. Dan McCay on Thursday morning. “It’s extremely disappointing for us who have been advocating for an end to this brutal practice — abortion.”
McCay along with pro-life organizers held a press conference expressing sorrow over a state supreme court ruling that prevents the state from enforcing its law prohibiting abortions except in cases of rape, incest or health. Democratic politicians in the state celebrated the ruling.
The Riverton politician has not ruled out anything — he said he will be calling a special session and is open to a constitutional amendment.
The court handed down the ruling Thursday morning, which allowed a district court’s order to continue blocking the law from going into effect. The ultimate constitutionality of the law has yet to be determined by the courts. This means abortion remains legal for up to 18 weeks in Utah.
Utah Gov. Spencer Cox and Lt. Deidre Henderson expressed disappoint over the ruling and said it would delay protection of the most vulnerable Utahns.
“We are hopeful that this decision will be a temporary setback and the laws will take effect following resolution of the case,” said Cox and Henderson. ”We are grateful for the state’s current restriction on abortions after 18 weeks. Regardless of this outcome, our administration will continue to fight for all Utahns, including the unborn.”
Utah Attorney General Sean Reyes said the office respectfully disagrees with the decision and while they are disappointed, they are not deterred.
“As the Court recognized, it did not decide the ultimate question in this case—whether the Utah Constitution protects a right to abortion. It does not, just as the federal constitution does not,” said Reyes. “As the case now heads back to district court, we will continue our vigorous defense of SB 174′s constitutionality and its careful balance of the right to life for both the unborn and living.”
McCay said he has notified Cox he intends to call a special session. The intent of the session would be to move the state’s gestational ban from 18 weeks down to 6 weeks: a heartbeat law. This would not replace the law banning elective abortions, McCay said it would be in place until the courts rule on the ultimate constitutionality of the trigger law.
Though McCay said he was disappointed in the decision, he said he has hope for the final outcome.
If 6,000 lives lost in the process are not enough for the court, McCay said there may be even more, upward of 15,000 to 20,000 lives lost, by the time the case is finalized. It surprised McCay the court did not notice the harm that would come by not removing the injunction.
While McCay said he has not yet spoken with his Republican colleagues about the special session, he said many of them have been supportive of pro-life measures in the past. Some of his colleagues have already spoken out expressing frustration with the ruling.
Utah Senate President J. Stuart Adams and House Speaker Mike Schultz said in a joint statement regarding the Utah Supreme Court’s decision, “The U.S. Supreme Court’s landmark Dobbs decision reinstated the authority of our state to regulate abortion policy. The Utah Legislature thoughtfully acted to ensure the state had a strong policy in place to protect both the unborn and the life of the mother. We are deeply disappointed by the Utah Supreme Court’s ruling today preventing our state’s abortion law from taking effect more than two years after the Dobbs decision.”
“Through this ruling, the Utah Supreme Court is undermining the constitutional authority of the Legislature to enact laws as elected representatives of the people of Utah,” continued Adams and Schultz.
Utah House Majority Whip Karianne Lisonbee, R-Clearfield, who sponsored the abortion law being challenged, said she was extremely disappointed in the ruling from the state Supreme Court. She said Utahns value life.
“As legislators, we are committed to upholding those values in our laws. It’s deeply unfortunate that Utah’s strong pro-life law continues to be tied up in litigation more than two years after the Dobbs decision, resulting in the deaths of thousands of unborn babies in our state,” said Lisonbee. “We are consulting with our legal counsel on next steps for the litigation and are confident that we will ultimately prevail on the merits of the case.”
Rep. Jordan Teuscher, R-South Jordan, said he was “deeply appalled” by the ruling and said it ignores the intent of the framers of the Utah Constitution.
“Since the injunction was put into place, over 6,000 pre-born babies have been terminated. This court has perpetuated this travesty, allowing innocent lives to be lost. We must stand firm in preserving the rights of the unborn,” said Teuscher. “Utah’s history has consistently aimed to protect life, and it is disheartening to see this legacy disregarded by an activist court stretching to reach its opinion.”
Planned Parenthood Association of Utah president and CEO Kathryn Boyd said, “While we celebrate this win, we know the fight is not over. Planned Parenthood Association of Utah looks forward to this unconstitutional law being permanently struck down so that we can continue to provide quality, affordable health care to Utahns, free from political interference.”
Pro-Life Utah, Utah Eagle Forum and the Abortion-Free Utah Coalition issued a joint statement expressing sorrow over the ruling, saying since the district court put the injunction in place, “Over 6,000 babies have been killed by elective abortion in the state of Utah.” Leaders from these three organizations also spoke at the press conference alongside McCay.
Merrilee Boyack, the chairman of Abortion-Free Utah Coalition, said, “Today, the state supreme court stated that irreparable harm to Planned Parenthood Association of Utah was more important than the lives of thousands of pre-born children.”
Boyack said it was appalling the Utah Supreme Court put the needs of a business before the lives of children, and also said the injunction would not be adverse to the public interest.
“I’m here to say that the public does have an interest in the lives of thousands of pre-born children who are going to become citizens of Utah,” said Boyack. “The public does have an interest in sparing so many thousands of women a lifetime of regret by feeling that they only have one choice.
“And I’m here to say that the public does have an interest in welcoming all life, whether planned or unplanned in the state of Utah.”
Gayle Ruzicka said she waited for years for Roe v. Wade to be overturned, and knew it would happen, even others said it would not.
When Roe v. Wade was overturned, the issue was sent back to the courts. It does not say, Ruzicka said, “it goes back to the courts for judges to decide, for activist judges to rule that it’s okay to continue to kill these little unborn babies.”
Leading off her remarks, Mary Taylor, president of Pro-Life Utah, said she was heartbroken “to think that the Utah Supreme Court could place the potential financial irreparable harm of a business whose bottom line is dependent upon the killing of pre-born babies above the irreparable harm of those very same babies that are facing death every single day in the state of Utah.”
Taylor said Pro-Life Utah will amp up its effort to help women facing unemployment and continue to offer financial support, emotional support and baby supplies to women.
The Utah House Democratic Caucus released a statement saying they celebrate the Utah Supreme Court’s decision.
“As the lower courts review this law, we urge our colleagues and the judiciary to continue considering the harmful impact this ban would have on the health and well-being of Utahns,” said the Utah House Democratic Caucus. “As your representatives, we promise to stand by you and continue the fight for your healthcare rights.”
The Utah Senate Democrats released a statement saying they applaud the court’s decision. “As this case moves forward, we hope that the lower courts will thoroughly consider the constitutional issues at stake and continue to protect the rights and well-being of Utahns. We stand with all the individuals affected by this legislation and will continue to support efforts to ensure that reproductive healthcare remains accessible, and rights are upheld.”
Republican attorney general candidate Derek Brown said Dobbs returned the decision back to the people and their elected officials. He said Utah’s law protects both the life of the unborn child and the life of mother.
“I am disappointed by this decision, which could deprive ‘the people and their elected representatives’ from the ability to make these difficult policy decisions,” said Brown. “However, I am proud of the attorneys who have ably represented the state of Utah in this matter. As Utah’s Attorney General, I will continue to vigorously defend the constitutionality of SB174.”
Democratic gubernatorial candidate Brian King and running mate Rebekah Cummings said the ruling was a win for Utah families and said the bill should have never been signed.
“As Utahns, we value agency and freedom, and we believe that the government has no place dictating the most personal, private decisions in our lives,” said King and Cummings. ”You deserve a governor who respects your family enough to stand up for that freedom instead of putting it on the chopping block in pursuit of partisan political interests.”
Susan B. Anthony Pro-Life America released a statement saying the ruling leaves unborn children in Utah unprotected for the time being, but said Utah’s law is the will of the people and expressed confidence it would prevail.
Katie Daniel, policy director for the organization, said, “Lives will continue to be taken by abortion with the delay of Utah’s pro-life law. It’s hard to fathom that unborn children who have heartbeats, who smile and suck their thumbs, and who feel pain can still be aborted in Utah. Utah is a pro-life state that values babies in the womb and their mothers. While 21 states have laws in effect protecting life at 15 weeks or sooner, Utah’s law that would protect the lives of more than 3,000 babies annually continues to be blocked.”
Salt Lake County Democratic Party chair Jade Velazquez called the ruling “a huge step towards protecting Utahns right to choose.”
“Politicians have no place involving themselves in a Utahn’s decision of when to start or grow their family,” said Velazquez. “This is a deeply personal decision that should continue to be only between a patient and their doctor.”