Utah abortion bill opposed

Urquhart's substitute would take HB235 back to a "trigger bill," which would ban abortions in Utah in the event that Roe v. Wade is overturned through another state's legal challenge. Ray's measure originally began as a trigger bill but was substituted in committee with the more aggressive outright ban.

The substitute also allocates the money expected to be spent defending an abortion ban on the Utah Birth Defect Network and early intervention services for disabled children — a wiser use of funds, Urquhart said Friday.

"At this point, our money is better spent on programs that directly help children," he said.

Urquhart said he didn't have a sense of which bill would be more likely to receive legislative support. "I don't know whether the outright ban could get through the House," he said. "My concern is whether it should get through the House at this point."

Urquhart said he appreciates the intent of HB235 in its current form, calling Roe v. Wade "the most glaring example of judicial activism there is." But he believes Utah should not fund the fight.

The state may not have to fully foot the legal bill, however, if the bill should pass. HB235 would allow private citizens to help fund the state's legal defense through the creation of a "litigation trust account." On Friday, Ray said he had been contacted by two Utahns offering to donate money, including one apparently willing to foot the entire legal bill.

"I've got one person who said they could finance the whole thing personally," he said.

Ray said he has not spoken to that person yet and can't vouch for the validity of the offer.

At least six other states are currently considering similar abortion bans to force the Supreme Court to reconsider current case law on abortion in the United States. In addition to Roe, a 1992 opinion from the high court reaffirmed a woman's right to choose an abortion. That case, Casey v. Planned Parenthood, did allow states to place restrictions on abortion, so long as they didn't put an "undue burden" on women.

HB235 bans abortions except in cases of rape and incest, which must be supported by a report to law enforcement, or to avert a woman's death or "substantial and irreversible impairment of a major bodily function." It does not include an exception for the woman's mental health or the health of the fetus.

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E-mail: awelling@desnews.com