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Lawyers representing Utah argue abortion is not a constitutional right

Jul 8, 2022, 1:04 PM
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Lawyers representing Utah say that the right to an abortion is not protected by the state constitution. Photo credit: Getty Images.

SALT LAKE CITY — In response to a lawsuit from the Planned Parenthood Association of Utah, lawyers representing Utah argue the state’s constitution does not protect the right to an abortion.

Planned Parenthood asked a Utah judge for a preliminary injunction to block Utah’s abortion ban from being enforced. The ban is currently paused but that pause is set to expire next week.

According to a recent court filing, lawyers representing the state argue Utah’s abortion ban should be in effect because of its long history of criminalizing abortion. They argue abortion has been illegal in Utah since it was a territory. This means that when Utah became a state and the state constitution was written, the framers of the constitution were not trying to protect the right to an abortion.

Additionally, they argue, that if abortion is a constitutional right, that means for over 75 years, state officials have violated the Utah Constitution by passing and upholding abortion laws.

Lawyers from Planned Parenthood and the ACLU argue Utah’s abortion ban is unconstitutional and should not be enforced.

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Lawyers representing Utah argue abortion is not a constitutional right