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Utah has passed several pro-life laws since 2019, but our law protecting preborn children from the moment of conception with limited exceptions has been on hold for over four years.
Now-retired judge Andrew Stone blocked it days after the U.S. Supreme Court reversed Roe v. Wade in 2022, and the lawsuit over it is still unresolved, leading to the deaths of thousands of Utah babies via abortion. Here is how Utah got to where we are today, and what could come next.
Where Things Stand
Abortion remains legal in Utah up to 18 weeks of pregnancy while the case is litigated. The state’s pro-life trigger law, which protects preborn babies from conception, is on hold pending the outcome of a lawsuit filed by Planned Parenthood Association of Utah.
The Timeline
March 2019: Lawmakers Pass 18-Week Limit
Then-Gov. Gary Herbert signed a bill protecting babies after 18 weeks of pregnancy. The law was scheduled to take effect May 14, 2019. In April of that year, the state agreed to delay it while pro-abortion groups challenged it in court. The 18-week limit did not go into effect until after Roe was reversed in 2022.
2020: Trigger Law Passes
In 2020, the Utah Legislature passed a separate law that protects preborn children from conception, with limited exceptions. The law would only take effect if Roe was reversed. Sen. Dan McCay, R-Riverton, was the law’s sponsor.
June 24, 2022: Roe Is Reversed, Trigger Law Takes Effect
The U.S. Supreme Court reversed constitutionally unsound Roe v. Wade on June 24, 2022. That same day, the Utah Legislature sent notice that the trigger law was part of Utah’s legal code.
June 27, 2022: Judge Pauses Pro-Life Law, Allows Planned Parenthood to Continue Killing Preborn Children
Planned Parenthood Association of Utah and the ACLU of Utah sued to block Utah’s pro-life law. On Monday, June 27, 3rd District Judge Andrew Stone issued a 14-day order blocking the trigger law. The organizations argued that the law violates rights in the Utah Constitution.
Pro-Life Utah continues to hold that there is no right, in the Utah Constitution or anywhere else, to end the life of another human being.
June 28, 2022: 18-Week Limit Takes Effect
With the trigger law on hold, Utah’s 18-week limit took effect. Planned Parenthood Association of Utah’s then-CEO Karrie Galloway said at the time that her organization would continue performing abortions.
July 11, 2022: Pause Becomes Preliminary Injunction
Stone granted a preliminary injunction blocking the trigger law until the lawsuit is settled, allowing preborn children to be killed in Utah until 18 weeks of pregnancy. The judge acknowledged the case would most likely be decided by the Utah Supreme Court.
Since this decision, approximately 16,000 preborn children have been lost to abortion in Utah – not including 2026 numbers, which have yet to be reported.
March 2023: Lawmakers Continue Efforts to Protect Life
Gov. Spencer Cox signed H.B. 467, which aimed to protect women’s safety and likely reduce abortion by shifting abortions to hospitals. Pro-Life Utah thanked the governor for signing the bill. Andrew Stone – the same judge who blocked the trigger ban – later blocked that law from taking effect while the lawsuit moved forward.
Aug. 1, 2024: Utah Supreme Court Allows Planned Parenthood to Continue Killing Babies
In a 4-1 opinion, the Utah Supreme Court upheld the lower court’s injunction against the trigger law while the case continues, allowing Planned Parenthood to continue killing thousands of Utah babies through abortion. Pro-abortion groups celebrated the ruling, while Senate President J. Stuart Adams and Rep. Mike Schultz said they were deeply disappointed.
The Utah Supreme Court’s decision to side with pro-abortion groups has led to the deaths of thousands of preborn children via abortion.
Feb. 13, 2026: New Three-Judge Panel
Gov. Cox signed H.B. 392 and S.J.R. 5, which let the state move certain civil cases it is party to onto a newly created three-judge panel. The change is meant to prevent “forum shopping,” and in this case would prevent groups like Planned Parenthood from shopping for pro-abortion judges.
The state moved the pro-life law case to the panel. Planned Parenthood filed an emergency petition with the Utah Supreme Court to stop the transfer.
April 2026: Trial Canceled
The new panel canceled a trial that had been set for April 16 until the Utah Supreme Court resolves the challenge.
Fall 2026: Justices Hear Challenge
Utah Supreme Court Justice John Nielsen recused himself from the abortion hearing because of past work as a private attorney for Pro-Life Utah in 2022. On Oct. 5, the justices heard arguments in three challenges to the panel, including Planned Parenthood’s. Critics argue the Utah Constitution does not allow the Legislature to create a district court made up of more than one judge, but the law’s sponsor has said the law is within the Legislature’s powers.
What Could Happen Next
The Utah Supreme Court has not yet ruled on the panel challenges. If the court finds the three-judge panel unconstitutional, a separate law, H.B. 366, would create a new “Constitutional Court” with “exclusive jurisdiction” over lawsuits challenging the constitutionality of state laws, according to UPR.
The court took the matter under advisement, is scheduled to recess until November and gave no indication of when it might rule.
Either way, the trigger law remains on hold until the lawsuit over it is finally decided, allowing Planned Parenthood, which commits nearly two-thirds of Utah abortions, to continue ending the lives of innocent preborn children in Utah.
Pro-Life Utah will continue to follow the case and report on developments.
Until then, we invite our supporters to pray, stay informed and support the mothers and children in our community. Find ways to get involved at the links below.
Photo by Volodymyr Hryshchenko on Unsplash
Key Terms to Know
Trigger law: A law written to take effect automatically if a specific event happens. Utah’s was designed to take effect if Roe v. Wade were reversed.
Preliminary injunction: A court order that pauses a law while a lawsuit plays out.
Three-judge panel: A group of three randomly selected judges who hear certain constitutional cases, in place of a single district court judge.
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