"I want to win this battle," he said. "I don't want to play games with it. I don't want to pretend that we're doing something. I don't want to throw money away to try to achieve an objective."

The trigger bill ultimately passed with a vote of 62-12, although it was to the disappointment of some legislators who had wanted to send a clear message against current abortion law.

"This is a right that we need to stand up for as a state of Utah, the people who we are, and say, 'Not anymore. Not in this state, and not in this country,"' said Rep. Michael Noel, R-Kanab.

Rep. Stephen Sandstrom, R-Orem, said he also was disappointed Utah was "going to back out of this fight. I believe that Utah should, can and ultimately will protect God's greatest gift, and that's the right to life."

The outright ban came through a substitution moved by Sandstrom in the House Health and Human Services Committee.

HB235 now goes to the full Senate, where President John Valentine, R-Orem, said it will likely be accepted in its current form, given the House's clear favoring of a trigger bill.

"I've got seven or eight members of our body that would be concerned about trying to take it head-on," Valentine said.

Valentine said Supreme Court Justice Anthony Kennedy would have to be the deciding vote, but he hasn't "given much of a signal he's going to swing on 30 years of precedents." The Senate president said he didn't know whether the change in the bill was better for taxpayers.

"All I know," Valentine said, "is that we were waiting for a strong signal from the House as to what to do with the bill."

Both Valentine and Senate Majority Leader Curt Bramble, R-Provo, earlier had supported taking on Roe v. Wade. But Bramble said Monday he was comfortable with the change in the bill approved by the House and that having someone other than Utah taxpayers fund the legal battle was the best of all worlds.

"There are some compelling arguments that say we ought to look at it and challenge Roe v. Wade. But there are also some compelling arguments that say once the Supreme Court acts, then Utah's law ought to change upon that decision," Bramble said.

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Contributing: Lisa Riley Roche

lE-mail: awelling@desnews.com