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SALT LAKE CITY — The lawmaker behind Utah's trigger abortion ban is proposing tweaks to an abortion clinic ban passed last year. She hopes that the changes will clarify legal questions that led to a judge placing both laws on hold while challenges play out.
Utah House Majority Whip Karianne Lisonbee, R-Clearfield, is sponsoring HB560, which was made public Thursday evening. The bill repeals provisions of last year's HB467, which effectively bans elective abortion clinics from operating in the state.
That bill was slated to go into effect on May 2, 2023, but it was placed on hold pending the outcome of a lawsuit by Planned Parenthood Association of Utah. The abortion rights group added HB467 to its existing lawsuit against Utah's near-total abortion ban, which was also paused shortly after the U.S. Supreme Court overturned Roe v. Wade in 2022.
If HB467 had taken effect, the state would have stopped issuing licenses to abortion clinics beginning on May 3, 2023, and would have prohibited such clinics from operating on Jan. 1 of this year.
"I just want to start out by being really clear, if I could, that Utahns deeply value human life in all stages, in all circumstances," Lisonbee told KSL.com on Thursday before her bill was made public. "And as legislators, we are committed to upholding those values in our laws."
She went on to say she was "very proud" of the work done on HB467 last year, but that repealing the provisions on licensing abortion clinics "simplifies" the legal questions around laws. By removing the previously enjoined provisions of the clinic ban, she hopes to "allow (the courts) to focus on reaching a ruling on the constitutionality of the underlying trigger law."
In a statement, Pro-Life Utah President Mary Taylor said the organization "fully supports HB560," as it did HB467 last year.
"Unfortunately, no one could have foreseen the delays in the Utah Supreme Court regarding Utah's trigger abortion law which, along with the injunction of HB467, has led to the death of over 5,000 unborn babies," Taylor said. "HB560 will simplify the issues before the Utah Supreme Court, potentially saving the lives of countless babies."
Kathryn Boyd, the president and CEO of Planned Parenthood Association of Utah, noted that abortion remains legal in Utah up to 18 weeks of pregnancy and promised to continue to work with lawmakers to ensure access to abortion.
"While legislators have passed bill after bill trying to limit or outright ban abortion, it remains legal and available in Utah up to 18 weeks," Boyd stated. "Like all Utahns, we want to move beyond government overreach and constant litigation to find ways to collaborate with lawmakers and help everyone get the health care and support they need."
"As the state's largest sole provider of sexual and reproductive health care, we trust people to make the best decisions for themselves and their families in consultation with their health care provider," she continued. "We look forward to a future when all Utahns, including legislators, can retain their deeply held beliefs without jeopardizing the freedom, safety, and well-being of Utah families."
Lisonbee said she has discussed the proposal with Sen. Dan McCay, R-Riverton — who co-sponsored the abortion clinic ban — and they are in agreement that moving forward with the bill is the best way to get an answer on the constitutionality of the trigger ban.
If the court does decide in the state's favor and reinstate the ban, Lisonbee said the question of abortion clinic licensing will be "moot," because the trigger ban bars the procedure in almost all circumstances, with exceptions only in cases of rape or incest, if the fetus has a uniformly fatal condition or if the mother's life is at risk.
Opponents of the clinic ban last year argued it was an attempt to get around the preliminary injunction and effectively limit abortion access for most women in the state, and could put women in potentially dangerous situations if they suffer pregnancy complications and don't have a nearby hospital where doctors would be willing to perform an abortion.
Lisonbee said the Legislature has taken a "really balanced approach" to the issue, and she is passionate about being "unapologetically pro-life" while also providing support for pregnant women and mothers.
