Utah's efforts to remove an injunction halting Utah's abortion law from being enforced continues with multiple groups on both sides making their cases in briefs with the Utah Supreme Court.
SALT LAKE CITY — Utah's efforts to remove a halt on its law outlawing abortion is continuing to move forward in the Utah Supreme Court, as both parties and other organizations on both sides of the issue have filed briefs over the last week and months.during the 2020 legislative session, prohibits abortions in Utah except under specific conditions. It went into effect after the U.S. Supreme Court overturned Roe v. Wade.
"The Constitution's original public meaning has not changed to embrace an implied right to abortion," the brief says. Utah's Legislature also submitted an amicus curiae brief supporting the state and the bill it passed. It argues that the 3rd District Court did not give enough consideration to the public interest — specifically the public's interest in preserving unborn lives and in laws supporting the will of the people.
"As the voice of the people, the Legislature should not have its hands tied every time an applicant merely speculates that there must be some provision of the Constitution that the legislative enactment violates," the brief said. A brief filed by Pro-Life Utah focuses on using linguistic analysis to reveal the public's understanding of what the Constitution says regarding abortion. It argues historical linguistic analysis shows Utahns viewed abortion as criminally and moral corrupt when ratifying the Constitution, and newspapers and legal decisions prior to Roe v. Wade do not show any evidence that abortion was a protected right.
"For half a century, the United States Constitution guaranteed Utahns — like all Americans — the right to have an abortion, thus protecting their intimate moral and medical decisions from coercive governmental intrusion. But on June 24, 2022, the U.S. Supreme Court eliminated that guarantee," the brief said.
Planned Parenthood is confident Utah will not receive relief from the Supreme Court through the appeal, and said the state did not offer supporting evidence for its claims. "None of these congregations have ecclesiastical structures in which one anointed leader determines what is moral behavior for all members of the religion. … These congregations all have faith traditions that rely upon the individual member's discernment as to what is moral behavior in their individual lives based on the teachings of their faith, including when to access abortion care," the brief says.
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