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SALT LAKE CITY — Some abortion providers and funders in the Beehive State were hit Thursday with cease-and-desist letters from a coalition of Utah Republican legislators, warning them that "abortion is still a crime in Utah."
The letter said that a voluntary abortion is a felony criminal offense "despite a preliminary injunction that is currently blocking state officials from initiating criminal prosecutions under the state's trigger ban."
This comes after a Utah judge issued a 14-day restraining order in June, blocking Utah's new abortion law, SB174, from taking effect. The preliminary injunction was extended in July while the courts resolve Planned Parenthood's lawsuit against the state's law.
Just a few days before the initial restraining order was issued, Utah's trigger abortion law went into effect, following a June 24 decision by the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization which overturned the Roe v. Wade decision.
The new Utah law says abortions in Utah are only legal if the mother's life is at risk, if the pregnancy was a result of rape or incest, or if two physicians who practice "maternal-fetal medicine" both determine that the fetus has a severe defect, according to Utah code.
Anything else is considered a felony.
"The legislators have sent cease-and-desist letters to Planned Parenthood Association of Utah and the Wasatch Women's Center, demanding that they immediately stop performing abortions except to the extent permitted by Utah's trigger ban," according to a letter sent under the names of Republican state Reps. Kera Birkeland and Karianne Lisonbee on Utah House of Representatives stationery.
Additional letters signed by 20 more Republican legislators were sent to Utah abortion providers and organizations, including the American Civil Liberties Union of Utah, the national Planned Parenthood Federation, National Abortion Federation, Utah Abortion Fund, the National Association of Abortion Funds and Wasatch Women's Center.
In the letter, legislators also issued warnings to "anyone who is currently violating Utah's trigger ban," saying that they would be prosecuted if the preliminary injunction is vacated or reversed on appeal.
"You appear to be laboring under the fallacy that equates a preliminary injunction with a formal suspension or revocation of the underlying statute. We are writing to disabuse you of that notion, and to provide fair warning that your violations ... will be met with criminal sanctions," said the letters to abortion providers and organizations.
The legislators also warned that under federal law, anyone who sends or receives abortion-inducing drugs in interstate commerce can be subject to felony criminal liability.
"Abortion providers in Utah have been flouting these statutes after Judge Andrew Stone issued a temporary restraining order and preliminary injunction that prevents state officials from initiating criminal prosecutions under Utah's trigger ban," the letter said.
"But Judge Stone's injunction does not suspend the trigger ban itself, and it cannot shield abortion providers and their accomplices from consequences for their violations of the state's abortion statutes if the injunction is vacated or reversed on appeal. Nor does Judge Stone's injunction do anything to shield abortion providers from the requirements of federal law, such as the criminal prohibitions on the shipment or receipt of abortion pills," the letter continued.
In addition to Birkeland and Lisonbee, the letters were signed by Reps. Walt Brooks, Cory Maloy, Ken Ivory, Jordan Teuscher, Cheryl Acton, Melissa Ballard, Adam Robertson, Judy Rohner, Jon Hawkins, Mark Strong, Mike Petersen, Stephen Whyte, Stephen Handy, Matt Gwynn, Rex Shipp, Carl Albrecht, Kay Christofferson, Colin Jack, Steve Lund and Brady Brammer.
'We follow the law'
Following the letters being sent, Handy appeared on KSL NewsRadio's Jeff Caplan's Afternoon News on Thursday after a segment in which KSL NewsRadio's legal analyst, Greg Skordas, said that he didn't believe abortion providers and funders could be prosecuted during the injunction period.
Handy said that despite being pro-life, he no longer wants his name on the letters.
"My understanding, when I was presented the letter, was that it was more cautionary. It seems to me that the letter is a little harsher than I recall agreeing to sign on to," Handy said.
Caplan then asked Handy if he was "walking away from his signature on the letter."
"Yes, I'm walking away from my signature on the letter. I'm in a position where all of us, as law-abiding citizens, we follow the law," Handy said. "Currently, my understanding is that up to 18 weeks, abortion is legal."
He added that he hopes courts institute the trigger law, which he voted for.
New legislation promised
The letter went on to demand that Planned Parenthood Association of Utah and the Wasatch Women's Center "stop shipping or receiving abortion drugs and abortion-related paraphernalia through the mail or through any other channel or instrumentality of interstate commerce."
Additionally, the letter stated the legislators are "promising" to introduce legislation that will automatically revoke the licenses of any medical professional who violates the trigger ban or federal law as it relates to abortions.
The letter also says that this promised piece of legislation will give the Utah attorney general, as well as district attorneys from throughout the state, the power to prosecute violations of the state's trigger ban whenever the local district attorney fails or refuses to do so. The legislation will also explicitly prohibit abortion providers and their accomplices from invoking Stone's preliminary injunction as a defense against prosecution or civil penalties if that injunction is vacated or reversed on appeal.
"Abortion remains a criminal offense in Utah, and the trigger ban is in effect," Lisonbee said in the letter. "The Legislature will ensure that anyone who violates the laws of our state is held accountable for their criminal acts. Anyone who is performing or assisting abortions in violation of our statutes must immediately stop or face future criminal prosecution."
Planned Parenthood responds
Planned Parenthood Association of Utah responded Thursday after the cease-and-desist letter was issued.
"Our lawyers are reviewing the letter, but this appears to be a stunt to further harass abortion providers and stigmatize patients who need care. PPAU is providing abortion care in full compliance with current law and always has," said Karrie Galloway, president and CEO of Planned Parenthood Association of Utah, in a statement. "We are here for our patients and will continue to do everything we can to make sure all Utahns can get the health care they need."
Contributing: Jeff Caplan
