After Roe Fell: U.S. Abortion Laws by State

Hostile

Utah

Utah is enforcing its 18 week ban while its trigger ban is enjoined.

State Legal Details

Bans in Effect

  • Gestational Ban, 18-week LMP
  • Method Ban
  • Reason Ban

Bans Enjoined

  • Trigger Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Parental Involvement, Parental Consent Requirement
  • Parental Involvement, Parental Notification Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

State Protections

Utah law does not include express constitutional or statutory protections for abortion. To the contrary, Utah’s policy preference to ban abortion to the fullest extent of the law: “It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life…”1

Restrictions

In June 2022, Utah began enforcing its trigger ban,2 which bans all abortions except in the case of rape, incest, or the threat to the life of the pregnant person, following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.3 In July 2022, a preliminary injunction was granted to enjoin the trigger ban,4 which was affirmed by the Utah Supreme Court on August 1, 2024 and the trigger ban remains enjoined.5 In March 2023, Utah limited the rape and incest exceptions to the trigger ban to 18 weeks LMP.6

Utah law generally prohibits abortion at eighteen weeks LMP7 and after viability.8 Utah law prohibits D&X9 and saline procedures,10 and abortions sought solely because of Down syndrome.11 Pregnant people who seek abortion care must undergo a mandatory seventy-two-hour waiting period and biased counseling.12 Utah also limits public funding for,13 and private insurance coverage of,14 abortion. Utah law generally requires that a parent or legal guardian be notified prior to a minor’s abortion15 and consent to it.16 Alternatively, a judge can approve a minor’s petition.17

Utah’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities18 and reporting.19 Utah law restricts the provision of abortion care to licensed physicians and explicitly prohibits certified nurse midwives from providing abortion care.20 Providers who violate Utah’s abortion restrictions may face civil and criminal penalties.21

In 2023, Utah enacted a law to prohibit abortion clinics from operating in the state and requiring abortion care to be provided in hospitals except in emergencies, though this law is subject to a preliminary injunction and not in effect.22

Historical Restrictions

Utah repealed its pre-Roe ban in 1973.23 Another near-total ban was struck down as unconstitutional in 199624 and repealed in 2009.25

Conclusion

Now that the Supreme Court has overturned Roe, Utah is enforcing an 18-week ban.

  1. Utah Code Ann. § 76-7-301.1(3). ↩︎
  2. Utah Code Ann. § 76-7a-201; see also Becky Jacobs, Utah’s abortion trigger law is now in effect after Supreme Court overrules Roe v. Wade, The Salt Lake Tribune (June 24, 2022) https://www.sltrib.com/news/2022/06/24/supreme-court-clears-way/. ↩︎
  3. Dobbs v. Jackson Women’s Health Org., 597 U.S 215 (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). ↩︎
  4. Planned Parenthood Ass’n of Utah v. Utah, No. 220903886, 2022 WL 2314455 (Third Jud. Dist. Utah July 11, 2022) (granting preliminary injunction following temporary restraining order). ↩︎
  5. Planned Parenthood Ass’n of Utah v. Utah, No. 20220696-SC, 2024 UT 28, 554 P.3d 998 (Utah Aug. 1, 2024) (affirming preliminary injunction). ↩︎
  6. H.B. 297, 2023 Leg., Gen. Sess. (UT 2023), to be codified at Utah Code Ann. §§ 76-7-302, 76-7a-201. ↩︎
  7. The 18-week ban was previously enjoined. Planned Parenthood Ass’n of Utah v. Miner, No. 2:19-cv-00238 (D. Utah, May 13, 2019) (granting preliminary injunction).  However, the preliminary injunction was lifted on June 26, 2022 after Dobbs,and Utah’s eighteen week ban is now in effect.  Planned Parenthood Ass’n of Utah v. Miner, No. 2:19-cv-00238 (D. Utah, June 26, 2022) (dismissing the preliminary injunction). ↩︎
  8. Utah Code Ann. § 76-7-302. ↩︎
  9. Utah Code Ann. § 76-7-326. ↩︎
  10. Utah Code Ann. § 76-7-310.5. ↩︎
  11. Utah Code Ann. § 76-7-302.4. ↩︎
  12. Utah Code Ann. §§ 76-7-305, 76-7-305.5. ↩︎
  13. Utah Code Ann. § 76-7-331. ↩︎
  14. Utah Code Ann. § 31A-22-726. ↩︎
  15. Utah Code Ann. § 76-7-304(2). ↩︎
  16. Utah Code Ann. § 76-7-304.5(1)(a). ↩︎
  17. Utah Code Ann.§ 76-7-304.5(3). ↩︎
  18. Utah Code Ann. §§ 26-21-2(1), 26-21-2(23)-(24) (defining abortion facility); Utah Admin. Code r. R432-600-5 (construction requirements for a facility). ↩︎
  19. Utah Code Ann. § 76-7-313. ↩︎
  20. Utah Code Ann. §§ 76-7-302(2), 58-77-603. ↩︎
  21. Utah Code Ann.§§ 76-7-326, 76-7-327. ↩︎
  22. H.B. 467, 2023 Leg., Gen. Sess. (UT 2023), to be codified at Utah Code Ann. §§ 26-21-6.5, 76-7-301 et seq. Planned Parenthood v. Utah, No. 220903886 (Third Jud. Dist. Utah, May 2, 2023) (granting a preliminary injunction). ↩︎
  23. Utah Code Ann. §§ 76-2-1, 76-2-2 (1953), repealed by 1973 Utah Laws 584, 684, ch. 196 (sub.) ch. 10, pt. 14. ↩︎
  24. Jane L. v. Bangerter, 102 F.3d 1112 (10th Cir. 1996), cert. denied, Leavitt v. Jane L., 520 U.S. 1274 (1997). ↩︎
  25. Utah Code Ann. § 76-7-302(3) (1995), repealed by H.B. 90, 2009 Leg., Gen. Sess. (UT 2009). ↩︎