Utah panel 'takes a stand'

Dogged by constitutional questions, vague definitions and pleas to let the federal government resolve the issue, two abortion bills still easily cleared committee Tuesday morning.

Most heavily disputed among the two bills before the Senate Judiciary Standing committee was SB69, which prohibits partial-birth abortions. The bill is very similar to a federal law and an Ohio law, both of which passed last year and are currently tied up in separate court cases.

Despite those existing cases and the guarantee that Utah will also wind up in court if the bill passes, sponsoring Sen. Curtis Bramble, R-Provo, would not be deterred.

"I think it's appropriate that Utah takes a stand and says that beyond this line, we won't go," Bramble said. He added that SB69 has 22 Senate co-sponsors, a clear indication that Bramble has enough votes to get it through the 29-member Senate.

Hoping to address some of the constitutional concerns, Bramble introduced a substitute bill that included a provision allowing partial-birth abortion only if it was a "life-saving" method for the mother, and tightened the specifics about the procedure.

Using the term "partial-birth abortion" actually confuses the issue, however, because it is not a medically recognized term, said Dr. Jennifer Van Horn, medical director for Planned Parenthood of Utah. Additionally, the bill lacks any specific gestation period and never clearly defines "life-saving," which leaves doctors in an untenable position.

"This bill places physicians and patients, who are already making heart-wrenching decisions, in very difficult situations," she said.

Sen. Mike Dmitrich, D-Price, who joined fellow Democratic Sen. Patrice Arent of South Cottonwood in voting against the bill in the committee, said that considering Utah's poor track record with constitutional challenges, more time should be given to address those problems before voting.

"If there are constitutional concerns, we need to resolve them before we pass this bill," he said. "We need to take a little more time to address the medical questions along with the social and moral concerns."

Bramble agreed to respond to Democrats' concerns about the constitutionality of the bill before it is debated by the full Senate.

Sen. Chris Buttars, R-West Jordan, said the law needed to be passed, and the court challenges met, simply because it was the right thing to do.