Photo by Chase Chabara on Unsplash 

Judge Stone, a judge in Utah’s 3rd judicial district, blocked Utah’s abortion clinic ban (H.B. 467) pending Planned Parenthood’s lawsuit, claiming the law is adverse to public interest. But what does this mean for abortion clinics in Utah?

What is H.B. 467?

H.B. 467, signed into law by Utah Governor Cox on March 15th, 2023, modifies several provisions regarding abortion already codified into law. The biggest modifications include: 1) requiring that abortions be performed in a hospital (subject to a few exceptions) and 2) prohibiting the licensing of abortion clinics after May 2, 2023.

This law’s passage was a huge step forward in the fight for the right to life in Utah because currently, 95% of abortions in Utah are done in abortion clinics. Thus, this law would likely significantly reduce the number of abortions done in the state. Additionally, it would make Utah a state free of clinics whose sole purpose is to perform abortions. Overall, Utah would be a safer place for unborn children

Why isn’t the law in effect?

Naturally, abortion supporters felt very threatened by this law, and Planned Parenthood Association of Utah and the ACLU filed a lawsuit against the state to prevent the law from going into place. Because the court system takes a long time, Planned Parenthood also sought an injunction, which would block the law from taking effect while the lawsuit is pending.

On May 2, 2023, Judge Stone of the Utah 3rd District granted Planned Parenthood’s request for an injunction, allowing clinics to continue doing abortions during the lawsuit. It should be noted that Judge Stone is the same judge who also granted Planned Parenthood an injunction blocking the trigger law while the lawsuit against that law is also pending.

Under HJR2, a recently enacted judicial rule, a party seeking an injunction must find that the party has a substantial likelihood of winning in their lawsuit. Judge Stone found that Planned Parenthood does have a substantial likelihood of winning their case against Utah because the clinic law treats abortion clinics differently than other clinics. Judge Stone was not convinced by the State’s argument that the law actually gets rid of a classification of clinics, rather than discriminating against one.

In his order granting the injunction, Judge Stone noted that “the evidence clearly indicates that the threatened injury to [Planned Parenthood] and its patients outweighs whatever damage the state would suffer. . .” He added, (quoting Planned Parenthood), “the balance of equities and public interest thus weigh decisively in [Planned Parenthood’s] favor.” Unsurprisingly, Judge Stone did not comment on the almost 3,000 babies that have been aborted since he issued his last injunction, nor how allowing babies to be aborted in Utah is in the interest of the public.

So, what now?

As of now, the clinic ban is not in effect, pending the lawsuit, and abortion clinics can continue performing abortions. The law is in the hands of the court system now. Pro-Life Utah will continue to fight for the rights of unborn children in Utah and to aid mothers and children in need. 

As this lawsuit moves through the court system, we ask you to continue to support our mission through donations, sharing posts on social media, attending meetings and baby showers, and spreading the word about the Festival of Life on June 24th. Judge Stone may believe that the harm to abortion clinics is more important than the harm of killing unborn children, but we know he is wrong, and we will continue to fight for the lives of unborn Utah citizens.

Pro-Life Utah works hard to bring you factual information about the abortion issue. Make sure you follow us on social media so you don’t miss a thing. And please consider becoming a donor! We need your help to support pregnant women, promote pro-life legislation, and, of course, publish educational content like this.

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