Abortion in Utah

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Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. [1] According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. [2] Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. [3] [4] [5] 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. [4] [6] [7] 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." [6] [4] [7] Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials. [8]

Contents

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, [9] 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. [10] In 2019, 61.8% of abortions performed in Utah were due to socioeconomic reasons. [4]

History

Legislative history

By 1950, the state legislature of Utah passed a law stating that a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, was guilty of a criminal offense. [11] Since the early 1980s, Planned Parenthood has been Utah's only Title X grantee and only abortion service provider in the state. [12]

The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement. [13] 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. [14] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics. [15] 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. [16] In 2019, only 24% of the state legislators were female. [17]

In 2019, the Utah legislature passed a bill limiting abortions after 18 weeks of pregnancy. [18] In 2020, the legislature passed Senate Bill 174 "Abortion Prohibition Amendments" sponsored by Daniel McCay. [19] The bill is a near-total ban on abortion, with exceptions for rape, incest, and the mother’s health, but would only go into effect if Roe v. Wade was overturned. [18] The Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [20] [21] However, there is a temporary restraining order blocking enforcement of the near-total ban on abortion. [1] But according to another law, HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. [2]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [11] (However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [20] [21] )

Clinic history

Number of abortion clinics in Utah by year Number of abortion clinics in Utah by year.png
Number of abortion clinics in Utah by year

Between 1982 and 1992, the number of abortion clinics in the state declined by one, going from seven in 1982 to six in 1992. [22] In 1996, the state had seven abortion clinics and was one of only three to gain clinics in the period between 1982 and 1996. [23] In 2014, there were two abortion clinics in the state. [24] In 2014, 97% of the counties in the state did not have an abortion clinic. That year, 62% of women in the state aged 15–44 lived in a county without an abortion clinic. [25] In 2017, there were nine Planned Parenthood clinics, of which one offered abortion services, in a state with a population of 727,940 women aged 15–49. [26] In March 2019, Planned Parenthood Association of Utah was the only abortion provider in the state. [12]

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state. [27] In 1990, 202,000 women in the state faced the risk of an unintended pregnancy. [22] In 2013, among white women aged 15–19, there were 290 abortions, 10 abortions for black women aged 15–19, 60 abortions for Hispanic women aged 15–19, and 20 abortions for women of all other races. [28] In 2014, 51% of adults said in a poll by the Pew Research Center that abortion should be illegal in all or most cases with 47% saying it should be legal. [9] In 2017, the state had an infant mortality rate of 5.9 deaths per 1,000 live births, compared to the national average of 5.8 deaths per 1,000 live births. [29] In 2022, a Deseret News/Hinckley Institute of Politics survey found 46% of Utahns said abortion should only be legal in cases of rape, incest, or threats to mothers’ health. [19]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [23]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US total1,528,9301,363,6901,365,73025.922.922.9–12
Mountain69,60063,39067,0202117.918.6–12
Arizona20,60018,12019,31024.119.119.8–18
Colorado19,88015,69018,31023.61820.9–12
Idaho1,7101,5001,6007.25.86.1–15
Montana3,3003,0102,90018.216.215.6–14
Nevada13,30015,60015,45044.246.744.61
New Mexico6,4105,4505,47017.714.414.4–19
Utah3,9403,7403,7009.38.17.8–16
Wyoming4602802804.32.72.7–37
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Utah2,9054.5572,9484.6586.12014 [30]
Utah3,1234.8623,1764.96362015 [31]
Utah2,9564.5593,0084.5606.62016 [32]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Public responses

Protests

In a 2019 national "Stop the Bans" protest, hundreds of Utahns gathered to protest several laws which limited or banned abortion across the United States. The largest protest took place outside the Utah State Capitol, in Salt Lake City. A smaller protest also took place in the city of Provo. In both events, protesters called on state legislators not to pass any laws further restricting abortion. The protests also centered around bills from other states, particularly Ohio, Alabama, and other southern states. [33]

Activism

Much of the anti-abortion movement in the United States and around the world finds support in the Roman Catholic Church, the Christian right, the Lutheran Church–Missouri Synod and the Wisconsin Evangelical Lutheran Synod, the Church of England, the Anglican Church in North America, the Eastern Orthodox Church, and the Church of Jesus Christ of Latter-day Saints (LDS Church). [34] [35] [36] [37]

The position of the Church of Jesus Christ of Latter-day Saints is that "elective abortion for personal or social convenience is contrary to the will and the commandments of God" but that abortion may be justified where the pregnancy endangers life of the mother, where the pregnancy is the outcome of rape or incest, or the fetus is not viable. [38] [39]

Related Research Articles

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.

Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.

Abortion in Louisiana is mostly illegal as of August 1, 2022.

Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for rape, incest, or maternal health. The law took effect on August 25, 2022.

Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks postfertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy. The state also had detailed abortion-specific informed consent requirement by 2007. Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctor offices in addition to abortion clinics were in place by 2013. In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. State laws about abortion have been challenged at the Kansas Supreme Court and US Supreme Court level. On August 2, 2022, Kansas voters rejected a constitutional amendment that would have allowed the Republican-controlled legislature to restrict or ban abortion in Kansas, following the overturning of Roe v. Wade.

Abortion in Maine is legal throughout all stages of pregnancy, though it must be approved as "necessary" by a licensed physician after fetal viability. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal with 33% stating that it should be illegal in all or most cases.

Abortion in Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once.

Abortion in Nevada is legal within 24 weeks since fertilization, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant woman. 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights, continued access to abortion is supported by all parties, including the Republicans.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in West Virginia is illegal, with few exceptions.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

Abortion in Florida is currently legal until the 15th week of gestation under legislation signed by Governor Ron DeSantis. Since 1989, the Florida Supreme Court has held that Article 1, Section 23 of the Florida Constitution protects access to abortion. This means that, despite the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, abortion remains legal in Florida. However, on April 13, 2023, the Florida Legislature passed and Governor DeSantis signed into law the Heartbeat Protection Act, which outlaws abortion after 6 weeks, with exceptions for rape, incest, human trafficking, a diagnosis of a fatal fetal abnormality, and when required to save the pregnant woman's life or protect her health. The Act takes effect if the state Supreme Court upholds the 15-week ban, currently being challenged.

Abortion in Wyoming is currently legal due to a temporary court injunction.

References

  1. 1 2 Jacobs, Becky (June 27, 2022). "Abortions can resume in Utah for now, after judge blocks enforcement of trigger law". The Salt Lake Tribune. Retrieved June 27, 2022.
  2. 1 2 "While Utah's abortion ban is on hold, a new law takes effect". 28 June 2022.
  3. ↑ "BREAKING: Abortion now prohibited in Utah". KSLTV.com. 2022-06-25. Retrieved 2022-06-25.
  4. 1 2 3 4 Jacobs, Becky (2022-06-24). "Supreme Court clears way for Utah's abortion trigger law by overturning Roe v. Wade". The Salt Lake Tribune. Retrieved 2022-06-24.
  5. ↑ "State Bans on Abortion Throughout Pregnancy". Guttmacher Institute. 2016-03-14. Retrieved 2022-06-24.
  6. 1 2 Harris, Martha (2022-05-03). "SB 174, the Utah trigger law that bans most abortions". KSLNewsRadio. Retrieved 2022-06-24.
  7. 1 2 Hemmersmeier, Sean; Cabrera, Elle. "What the Supreme Court Decision on abortion means for residents of southwestern Utah". The Spectrum. Retrieved 2022-06-24.
  8. ↑ Blumenthal, Paul (2022-06-14). "These States Will Ban Abortion Now That Roe Is Overturned". HuffPost. Retrieved 2022-06-24.
  9. 1 2 "Views about abortion among adults in Utah". Pew Research Center . 30 May 2014.
  10. ↑ "Utah Vital Statistics: Abortions 2019" (PDF). Utah Department of Health. November 2021. Retrieved 2022-06-24.
  11. 1 2 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  12. 1 2 Mir, Alice; Ollstein, A.; Roubein, Rachel (29 March 2019). "States struggle to replace Planned Parenthood as Trump rules loom". POLITICO. Retrieved 2019-05-23.
  13. ↑ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  14. ↑ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. 2007-11-12. Retrieved 2019-05-22.
  15. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  16. ↑ "State legislatures see flurry of activity on abortion bills". PBS NewsHour. 2018-02-03. Retrieved 2019-05-26.
  17. ↑ "Yes, you can blame the patriarchy for these horrible abortion laws. We did the math". Mother Jones. Retrieved 2019-05-26.
  18. 1 2 Schott, Ryan (11 May 2022). "Gov. Cox says he opposes abortion restrictions beyond Utah's trigger law". The Salt Lake Tribune. Retrieved 2022-06-23.
  19. 1 2 Cortez, Marjorie (2022-06-04). "Poll: 46% of Utahns say abortion should only be legal in cases of rape, incest, threats to mothers' health". Deseret News. Retrieved 2022-06-23.
  20. 1 2 de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  21. 1 2 Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  22. 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. Diane Publishing. ISBN   9780788174810.
  23. 1 2 Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
  24. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  25. ↑ "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). 2018-08-04. Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  26. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved 2019-05-23.
  27. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
  28. ↑ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
  29. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. 24 May 2019. Retrieved May 25, 2019.
  30. ↑ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN   1546-0738. PMC   6289084 . PMID   29166366.
  31. ↑ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN   1546-0738. PMC   6289084 . PMID   30462632.
  32. ↑ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi: 10.15585/mmwr.ss6811a1 . ISSN   1546-0738. PMC   6289084 . PMID   31774741.
  33. ↑ Kauffman, Gretel (2019-05-21). "Hundreds in Utah join nationwide abortion law protests". Deseret News. Retrieved 2021-06-18.
  34. ↑ Ferguson, Susan you ass J (1999). Mapping the Social Landscape. Mayfield Publishing Company. ISBN   9780767406161 . Retrieved 28 June 2015.
  35. ↑ Sex, Politics, and Religion: The Clash Between Poland and the European Union over Abortion by Alicia Czerwinski in the Denver Journal of International Law and Policy, 2003
  36. ↑ "Официальный сайт Русской Православной Церкви". Mospat.ru. Retrieved 2011-11-16.
  37. ↑ True to the Faith (LDS) article on abortion. Retrieved 2006-05-06.
  38. ↑ Religious Groups' Official Positions on Abortion, Pew Research Center (January 16, 2013).
  39. ↑ Official Statement on Abortion, The Church of Jesus Christ of Latter-day Saints (May 9, 2022).
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