Utah’s Near-Total Abortion Ban Placed on Hold… for Now

Abortion “is an individual choice,” Utah House Minority Leader Angela Romero told Ms., “between that individual and their healthcare provider, and their healthcare providers should not be afraid that they’re going to be put in prison.”

A protest at the Utah Capitol in support of Roe v. Wade on May 3, 2022, in Salt Lake City, after the Dobbs draft opinion leak. (George Frey / Getty Images)

The Utah Supreme Court ruled last month to place the state’s near-total abortion ban on hold, effectively blocking the law until a lower court can assess its constitutionality. For now, abortion will remain legal in the state until 18 weeks

Utah House Minority Leader Angela Romero was first elected on a pro-choice platform back in 2012, back when lawmakers’ investment in protecting abortion rights wasn’t as strong with the protections of Roe

“I think sometimes we take things for granted, and I think nobody thought that the Supreme Court would rule that way. Nobody was expecting it. I don’t even think my Republican colleagues were expecting it,” Romero told Ms. “I’ve seen a shift on my end within Democrats where people normally were probably a little bit reserved and didn’t speak out about it publicly. But after [the Dobbs decision], I saw my caucus come together.” 

Romero canvassing ahead of the 2022 elections. (via Facebook)

Romero noted that heading into the 2024 election cycle, affordable housing remains a top issue for Utah voters, along with abortion and reproductive rights. 

“I think that was a real eye opener for a lot of people, and we’ve seen it across the country, when it goes to the ballot … it’s reversing some of the laws that are being put in place in super red states.”

I think sometimes we take things for granted, and I think nobody thought that the Supreme Court would rule that way. Nobody was expecting it. I don’t even think my Republican colleagues were expecting it.

Utah House Minority Leader Angela Romero

Romero said that abortion accessibility remains an economic issue, especially in Utah’s rural areas. Of the patients provided abortions in Utah in 2021, about half of them reported that they did so because of economic reasons. For economically vulnerable groups, strict abortion laws can cause lasting financial devastation and an increase in poverty amongst women and children. Even in states without legal abortion restrictions, the cost of an abortion—either with abortion pills an in-clinic abortion—can cost hundreds of dollars

“It is definitely an economic justice issue, just because we’re talking about marginalized communities in particular, who face significant healthcare barriers,” Romero told Ms. 

Women legislators in the Utah Senate. House Minority Leader Angela Romero is second from left on the bottom row. (via Facebook)

Antiabortion Lawmakers Plan for Special Session

Despite the state court’s recent ruling, Utah lawmakers are looking to implement a near-total abortion ban in the state. State Sen. Dan McCay (R-Riverton) announced his plans to coordinate a special legislative session to implement a ban at six weeks. While the abortion bill is not yet on the special session agenda, Republican lawmakers hope to implement stricter abortion laws in a special session before the end of the year. 

Romero said that she is concerned about the possibility of a special session, especially as Republicans in Utah currently hold a state government trifecta.

Regardless of the state’s ability to uphold the high court’s ruling that says abortion must remain legal until 18 weeks of pregnancy, the legislature’s hostility towards abortion will likely have long-term effects on reproductive care in Utah. 

“We’ve seen a decline of people wanting to do their [medical] residency in Utah. And I think a lot of it has to do with the policies that have been put in place by our state legislature when it comes to transgender women, when it comes to DEI, when it comes to abortion.”

The [U.S.] Supreme Court put us in a compromising position, and we are part of a larger government, and to leave this in the state’s hands, is risking women’s lives.

Utah House Minority Leader Angela Romero

The 18-week ban has already placed women and providers in the state in compromising positions by leaving people in need of abortions later in the term to travel across state lines, likely to New Mexico or Colorado. While under 1 percent of all abortions take place after week 20 of pregnancy, they remain necessary in cases of fetal anomaly or when the life of the mother is in danger. 

“This is an individual choice, and it should be between that individual and their healthcare provider, and their health care providers should not be afraid that they’re going to be put in prison,” Romero told Ms.

Voters agree: Eighty percent of the public, and 86 percent of women of reproductive age, say that decisions about abortions should be made by a woman, in consultation with her doctor. 

“The [U.S.] Supreme Court put us in a compromising position, and we are part of a larger government, and to leave this in the state’s hands, is risking women’s lives.”

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About

Livia Follet is an editorial intern for Ms. and a recent graduate from The University of Colorado Boulder where she earned bachelor's degrees in English literature and women and gender studies. Raised in rural Colorado, her interests include environmental justice movements, Indigenous feminisms and reproductive justice.