LOCAL NEWS

Utah lawmakers put new law in place prohibiting abortion after 18 weeks

Jun 28, 2022, 5:34 PM | Updated: 11:31 pm

SALT LAKE CITY — As Utah continues to have new developments in its legal battle over abortions, according to state lawmakers, another law is now in place.

HB 136 is a law that prohibits elective abortion after 18 weeks of gestation, with exceptions for cases such as rape and incest.

While the bill was passed in 2019, it couldn’t go into law because of the precedent set by Roe V. Wade. However, with the recent decision of the Supreme Court to overturn it, HB 136 goes into place.

Supreme Court overturns Roe v. Wade; states can ban abortion

Currently, a judge is determining whether or not a near-full ban on abortion violates the state’s constitution.

According to a release from state lawmakers, “Planned Parenthood enjoined the enactment of HB 136 immediately after the governor signed it, contending that it violated the pre-Dobbs viability standard. The Dobbs decision released on Friday returned abortion law to the states, overturning viability considerations at the federal level.”

“I knew it might happen, but it seemed a remote possibility,” said Rep. Cheryl Acton, R-West Jordan, who sponsored HB 136.

She explained that the law was tied up in district court.

“Someone texted me and said they thought that my law might be the law of land right now, and I was like, ‘No it’s been enjoined; it’s still not on the table,'” Acton explained. “And then I learned that it had been dismissed (from district court), so I was surprised.”

After receiving legal confirmation, she publicly announced that HB 136 was taking effect.

HB 136 restricts the state’s prior law of 22 weeks to 18, with six exceptions: rape, incest, life of the mother, permanent impairment of the mother, fatal fetal defect, and severe brain abnormality.

Acton said the severe brain abnormality exception was not included in prior law and is an additional exception.

Violation of the law can result in criminal felony charges.

University of Utah S.J. Quinney College of Law professor, Teneille Brown, who speaks for herself and not on behalf of her employer, called the situation a “legal mess.”

“It doesn’t help provide legitimacy for the courts as a rule of law when it looks like it’s volleying back and forth,” she said.

Brown expressed that the sudden changes in law add uncertainty to an already complicated and serious process for patients seeking care and for providers. She said providers and patients now need to keep track of things moment-by-moment, because what is legal one day may not be the next.

“This is a very difficult, personal decision, and so not knowing whether you are going to be able to have a procedure or not, whether it’s legal or not, whether your provider even knows whether it is legal or not — that’s very destabilizing for the rule of law,” she said.

She also hoped for clarification on how the law will be enforced.

Planned Parenthood is seeking an injunction against SB 174 while Judge Andrew Stone considers whether the law violates the Utah Constitution.

Acton doesn’t expect HB 136 to stay in effect for long.

“As a state, Utah values human life at all ages and stages and under all circumstances,” she said. “HB 136 will protect unborn children after 18 weeks’ gestation pending the outcome of SB 174.”

President and CEO of Planned Parenthood Utah, Karrie Galloway, released the following statement Tuesday evening:

Planned Parenthood’s doors are open, and we will continue to provide abortion care according to the law. The dismissal of our case against HB 136 was a procedural move after the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. Rest assured, PPAU still has a right to challenge the 18-week ban in a future case. For now, we are focused on challenging the trigger ban in state court and doing all we can to provide care to our patients.

Deanna Holland, executive director of Pro-Life Utah, also released a statement Tuesday evening:

We are grateful that the 18-week ban on elective abortion in Utah is now in effect. For the time being, at least some unborn babies will be protected from having their lives ended. We appreciate Representative Acton for spearheading this bill and for now seeing it go into effect to save babies. We look forward to the time when all unborn babies are protected from elective abortion and are confident we will see that in Utah very soon.

KSL 5 TV Live

Top Stories

Local News

Cottonwood High lines up for a free kick following a fair catch against Jordan High. (KSL Sports)...
Andrew Adams

Coach, kicker & official reflect on Cottonwood High’s rare, game-winning play

Cottonwood defeated Jordan High after the Colts attempted and converted a free kick for three points with 12 seconds left following a fair catch on a punt.
6 months ago
...
Karah Brackin

Utah Veterans head to Washington D.C. for ‘trip of a lifetime’

75 veterans left Salt Lake City for Washington D.C. Tuesday morning.
6 months ago
Clark Aposhian, chairman of the Utah Shooting Sports Council, introduces himself as a member of a n...
Ashley Imlay, KSL.com & Aimee Cobabe, KSL NewsRadio

Supreme Court declines to hear Utah gun rights activist’s appeal to overturn bump stock ban

A prominent Utah gun rights activist has lost his bid to convince the U.S. Supreme Court to overturn the federal bump stock ban.
6 months ago
Yvette Rodier, shooting survivor...
Amy Donaldson, KSL Podcasts

LETTER PODCAST: Victim says bullet wounds were easiest part of recovery

When Yvette Rodier woke up in a hospital, she knew, even before anyone told her, that her friend, Zachary Snarr, was dead.
6 months ago
Housing construction....
Ladd Egan

Unaffordable Utah: Mortgage rates climb again as buyers look for price reductions

Utah's housing market is whiplashing as last year's buying frenzy seems to have slowed down to signs of a recession.
6 months ago
FILE...
Matt Gephardt & Sloan Schrage

Get Gephardt: How cybercriminals use social engineering to get us to hand over our sensitive info

You can have the strongest, most secure password in the history of cybersecurity, but the bad guys know there is one weakness they can use to hack into your system - you!
6 months ago

Sponsored Articles

Hand turning a thermostat knob to increase savings by decreasing energy consumption. Composite imag...
Lighting Design

5 Lighting Tips to Save Energy and Money in Your Home

Advances in lighting technology make it easier to use smart features to cut costs. Read for tips to save energy by using different lighting strategies in your home.
Portrait of smiling practitioner with multi-ethnic senior people...
Summit Vista

How retirement communities help with healthy aging

There are many benefits that retirement communities contribute to healthy aging. Learn more about how it can enhance your life, or the life of your loved ones.
Happy diverse college or university students are having fun on their graduation day...
BYU MBA at the Marriott School of Business

How to choose what MBA program is right for you: Ask these questions before you apply!

Wondering what MBA program is right for you? Take this quiz before you apply to see if it will help you meet your goals.
Cloud storage technology with 3d rendering drawer with files in cloud...
PC Laptops

How backing up your computer can help you relieve stress

Don't wait for something bad to happen before backing up your computer. Learn how to protect your data before disaster strikes.
young woman with stickers on laptop computer...
Les Olson

7 ways print marketing materials can boost your business

Custom print marketing materials are a great way to leave an impression on clients or customers. Read for a few ideas to spread the word about your product or company.
young woman throwing clothes to organize a walk in closet...
Lighting Design

How to organize your walk-in closet | 7 easy tips to streamline your storage today

Read our tips to learn how to organize your walk-in closet for more storage space. These seven easy tips can help you get the most out of your space.
Utah lawmakers put new law in place prohibiting abortion after 18 weeks