The Utah Supreme Court has upheld a preliminary injunction against a state law that prohibits abortion at any stage of pregnancy in all but three specific circumstances. In the case of Planned Parenthood Association of Utah v. State, the court concluded that serious questions were raised regarding whether the law violates the state constitution's equal rights provision and unenumerated rights to bodily integrity and the right to make family decisions without undue government interference.
The court's reasoning focused on its approach to interpreting the Utah Constitution by looking at original public meaning and examining history and tradition to understand what statehood-era Utahns would have understood the text to mean. However, the court rejected the argument that a specific interest must be deeply rooted in history and tradition to be protected.
The justices noted that the constitutional inquiry asks if specific conduct falls under the umbrella of protected rights rather than whether there is a recognized right to be free from a particular form of governmental interference with that right. The court indicated that its interpretive approach supports the idea that the Utah Constitution protects the rights to bodily integrity and making family decisions without undue government interference, which includes the right to seek an abortion.
In addressing arguments that Utah's history of criminalizing abortion prevents the state constitution from protecting abortion rights, the court stated its task is to determine the principles enshrined in the constitution and apply them independently. The court emphasized that failing to distinguish between constitutional principles and their historical application would hold protections hostage to the prejudices of the 1890s.
The decision, which was issued in August 2024, temporarily enjoined the enforcement of the law.
