Thanks to Utah’s trigger law, the overruling of Roe will save countless precious lives in Utah.

But how does the trigger law work? And what does this mean for Utahns?

Every year, about 3,000 babies are aborted in the State of Utah. (1) Thanks to Utah’s trigger law, the overruling of Roe v. Wade will save countless, precious Utah children. But with this incredible protection of the unborn also comes tremendous responsibility among Utahns to love and care for mothers in vulnerable situations and their dear children.

Utah’s Trigger Law

In 2020, the Utah Legislature adopted S.B. 174, a prohibition on abortion known as a “trigger law” because it is triggered (i.e., becomes effective) if and when such prohibitions become constitutional. If the leaked Dobbs opinion becomes law, Roe v. Wade will be overturned and the right to abortion will be returned to the states. (For an explanation of the Dobbs opinion, click here).

With the right of abortion returned the states, statewide abortion bans become legal, so Utah’s trigger law takes effect. 

Utah’s trigger law prohibits abortion at all stages of pregnancy with three exceptions: when there is a risk of death or substantial bodily harm to the mother; when the unborn child has a lethal defect or severe brain abnormality; and when the pregnancy is a result of rape (including statutory rape) or incest. (2)

Under the law, abortion is defined as the “intentional termination or attempted termination of a human pregnancy” after fertilization through substance use (i.e., abortion pills) under the direction of a physician or through a medical procedure. (3) Abortion does not include removal of a dead unborn child (ie: miscarriage), removal of an ectopic pregnancy, or the killing/attempted killing of an unborn child without the consent of the mother.

Additionally, the law clarifies that any person who performs an abortion in violation of this law is guilty of a second degree felony.

Utahns’ Responsibility 

Utah’s abortion ban is a huge step toward protecting vulnerable children, but we have work to do to show our legislators that we value the sanctity of life and to ensure that Utah children and their families are cared for and loved.

Planned Parenthood of Utah has already announced their intention to work with legislators to overturn the trigger law (4) and the Utah Democratic Party has also vowed to continue fighting for abortion rights. (5) We need to show our legislators that we support them in their fight to defend life and keep electing legislators who will continue to protect the unborn.

We also have a responsibility to help women and children. Currently, organizations such as Pro-Life Utah and Pregnancy Resource Centers have actively supported vulnerable pregnant women with financial assistance, baby supplies, mentoring, and connection to resources. This work will only increase as more women need support as they welcome their little ones to the world.

Now is the time for all Utahns to step up and show that we care about our children, born and unborn, and make Utah a safe haven for everyone—including families, single mothers, and, of course, children.

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Sources:

1.  Utah Vital Statistics: Abortions, Utah Department of Health: Office of Vital Records and Statistics (2019), https://vitalrecords.health.utah.gov/wp-content/uploads/Abortions-2019-Utah-Vital-Statistics.pdf

2. Utah Code Ann. § 76-7a-201.

3. Utah Code Ann. § 76-7a-101. 

4. Bridger Beal-Cvetko, What a Supreme Court decision overturning Roe v. Wade would mean for Utah KSL.com (2022), https://www.ksl.com/article/50397934/what-a-supreme-court-decision-overturning-roe-v-wade-would-mean-for-utah 

5. Utah Democratic Party statement on leaked Supreme Court ruling invalidating Roe v. Wade, Utah Democrats (2022), https://utahdemocrats.org/leaked-ruling/