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]

Following the overturn of Roe v. Wade on June 24, 2022, abortion rights protesters demonstrated outside the Utah State Capitol in Salt Lake City. [34] Protests were also held in Provo on June 25. [35]

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). [36] [37] [38] [39]

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. [40] [41]

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. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.

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

Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. 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. As of June 2024, Civiqs polling found that 72% of Delawareans believed that abortion should be legal in all or most cases, while 23% believed 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 maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.

Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. 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. In July 2024, the Kansas Supreme Court struck down two abortion restrictions.

Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. 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 illegal after the 12th week of pregnancy, after new legislation was signed in May 2023.

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant individual. 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 in the state, continued access to abortion is supported by all parties, including the Republicans.

As of July 1, 2023, abortion in North Carolina is currently illegal after 12 weeks of pregnancy. In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the woman's life is determined by a qualified physician to be at risk, abortion is legal at any stage of pregnancy. North Carolina is destination for many out-of-state women seeking abortions, as most US Southern states have implemented laws banning abortion after six weeks of pregnancy or near-total prohibitions on abortion.

Abortion in North Dakota is technically legal, but with no current providers. The state's sole abortion clinic, the Red River Women's Clinic, relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy. The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights.

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 and provides no exceptions for rape, incest or the health of the mother. Tennessee's abortion legislation provides no explicit exceptions for the pregnant patient’s health. It makes an exception for an “affirmative defense” for emergencies, but the vagueness of what constitutes an emergency means that physicians hesitate to provide abortions even when the mother's life is in jeopardy. Attempts to codify the exceptions into law have been rejected by Republican politicians in Tennesse.

Abortion in West Virginia is illegal except in cases of rape or incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

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 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". June 28, 2022.
  3. ↑ "BREAKING: Abortion now prohibited in Utah". KSLTV.com. June 25, 2022. Retrieved June 25, 2022.
  4. 1 2 3 4 Jacobs, Becky (June 24, 2022). "Supreme Court clears way for Utah's abortion trigger law by overturning Roe v. Wade". The Salt Lake Tribune. Retrieved June 24, 2022.
  5. ↑ "State Bans on Abortion Throughout Pregnancy". Guttmacher Institute. March 14, 2016. Retrieved June 24, 2022.
  6. 1 2 Harris, Martha (May 3, 2022). "SB 174, the Utah trigger law that bans most abortions". KSLNewsRadio. Retrieved June 24, 2022.
  7. 1 2 Hemmersmeier, Sean; Cabrera, Elle. "What the Supreme Court Decision on abortion means for residents of southwestern Utah". The Spectrum. Retrieved June 24, 2022.
  8. ↑ Blumenthal, Paul (June 14, 2022). "These States Will Ban Abortion Now That Roe Is Overturned". HuffPost. Retrieved June 24, 2022.
  9. 1 2 "Views about abortion among adults in Utah". Pew Research Center . May 30, 2014.
  10. ↑ "Utah Vital Statistics: Abortions 2019" (PDF). Utah Department of Health. November 2021. Retrieved June 24, 2022.
  11. 1 2 Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  12. 1 2 Mir, Alice; Ollstein, A.; Roubein, Rachel (March 29, 2019). "States struggle to replace Planned Parenthood as Trump rules loom". POLITICO. Retrieved May 23, 2019.
  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. November 12, 2007. Retrieved May 22, 2019.
  15. ↑ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. June 27, 2013. Retrieved May 27, 2019.
  16. ↑ "State legislatures see flurry of activity on abortion bills". PBS NewsHour. February 3, 2018. Retrieved May 26, 2019.
  17. ↑ "Yes, you can blame the patriarchy for these horrible abortion laws. We did the math". Mother Jones. Retrieved May 26, 2019.
  18. 1 2 Schott, Ryan (May 11, 2022). "Gov. Cox says he opposes abortion restrictions beyond Utah's trigger law". The Salt Lake Tribune. Retrieved June 23, 2022.
  19. 1 2 Cortez, Marjorie (June 4, 2022). "Poll: 46% of Utahns say abortion should only be legal in cases of rape, incest, threats to mothers' health". Deseret News. Retrieved June 23, 2022.
  20. 1 2 de Vogue, Ariane (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. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  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 May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  25. ↑ "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). August 4, 2018. Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  26. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved May 23, 2019.
  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 May 24, 2019.
  29. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. May 24, 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 (May 21, 2019). "Hundreds in Utah join nationwide abortion law protests". Deseret News. Retrieved June 18, 2021.
  34. ↑ Bree, Jenna (June 24, 2022). "Protesters rally in Salt Lake City for abortion rights". FOX 13 Salt Lake City. Retrieved June 26, 2022.
  35. ↑ Locklear, Michael (June 25, 2022). "Hundreds protest in Provo to demand abortion rights". KSL NBC 5. Retrieved June 26, 2022.
  36. ↑ Ferguson, Susan you ass J (1999). Mapping the Social Landscape. Mayfield Publishing Company. ISBN   9780767406161 . Retrieved June 28, 2015.
  37. ↑ 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
  38. ↑ "Официальный сайт Русской Православной Церкви". Mospat.ru. Retrieved November 16, 2011.
  39. ↑ True to the Faith (LDS) article on abortion. Retrieved May 6, 2006.
  40. ↑ Religious Groups' Official Positions on Abortion, Pew Research Center (January 16, 2013).
  41. ↑ Official Statement on Abortion, The Church of Jesus Christ of Latter-day Saints (May 9, 2022).
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