May 3 (UPI) — A judge temporarily blocked a new law that would ban abortion clinics in Utah on Tuesday, one day before it was to go into effect, on the grounds that it singles out such facilities without reason.
House Bill 467 was to go into effect Wednesday, requiring abortions be performed only at facilities that meet the definition of a hospital, while banning the licensing of abortion clinics where more than 95% of abortions in the state are performed.
The law, which Utah Gov. Spencer Scott signed into effect mid-March, would also see the phasing out of licensed abortion clinics by the end of the year.
Republicans in the state have sought to ban abortion for years, and in 2020 passed a near-total prohibition on the medical practice that went into effect after the conservative-leaning Supreme Court revoked federal protections for abortion by overturning the landmark 1973 Roe vs. Wade ruling last summer.
However, that rule was put on ice after Planned Parenthood argued it violated the state’s Constitution, and the Republican-majority legislature pursued banning abortions via targeting abortion clinics by criminalizing the administration of abortions outside of a hospital setting.
Opponents to the bill have described the measure as functionally eliminating abortion access in the state and a workaround to restrict the medical procedure as its trigger abortion ban was blocked by the courts.
In his ruling Tuesday, Third District Judge Andrew Stone said that Planned Parenthood had shown a likelihood to succeed on its argument that the legislature was not reasonable in imposing different burdens on licensed abortion clinics and hospitals, stating the law “singles out the plaintiff and other licensed abortion clinics without basis.
“The Clinic Ban places a greater burden on licensed abortion clinics by criminalizing abortions performed in such clinics despite the unrebutted evidence that abortions performed in an outpatient clinic are equally as safe as those performed in a hospital,” he wrote.
Stone continued that the legislature’s objective with the clinic ban “is nebulous” as the state provides no evidence to support its claim that the law’s purpose is to improve the safety for both mother and unborn child in the administration of an abortion.
The law appears to “directly and discriminatorily” target abortion clinics and that injury to the plaintiffs and their patients outweighs “whatever damage the state would suffer” if the status quo is to be maintained, he said.
“Further, given the absence of evidence from the State, there is nothing before the Court to indicate that an injunction would be adverse to the public interest,” he said.
The Office of Utah Attorney General Sean Reyes, a Republican, acknowledged the ruling in a brief statement that states Utah abortion clinics “may currently provide elective abortions up to 18 weeks in a pregnancy.”
“While we welcome this victory, the threat to Utahns’ health and personal freedom remains dire as politicians continue to undermine our judicial process and fight the injunction against Utah’s trigger ban,” Sarah Stoesz, interim president and chief executive officer of Planned Parenthood Association of Utah, said in a statement Tuesday.
“Despite these unconscionable attacks, we will continue to defend Utahns’ lives, their access to healthcare and their constitutionally guaranteed rights, no matter what.”
Pro-Life Utah, an anti-abortion group, criticized the ruling on Facebook, stating its members “will continue to fight like hell” until abortion is made illegal in the state.