A legislative committee on Tuesday voted to criminalize abortion in Utah except in cases of rape, incest and medical necessity. The panel simultaneously approved the creation of a litigation trust account to defend what they acknowledged is an unconstitutional measure.

"We are talking about preserving the sanctity of human life. The state of Utah should lead the charge," said freshman lawmaker Rep. Stephen Sandstrom, R-Orem, who, in introducing the legislation, called abortion "a stain upon our country that needs to end."

If ultimately approved, it would certainly — and is intended to — force a court challenge to Roe v. Wade, the 1973 U.S. Supreme Court ruling that upheld a woman's constitutional right to have an abortion.

Sandstrom's bill replaces the original language of HB235, sponsored by Rep. Paul Ray, R-Clearfield, which would have triggered a state ban on abortion should Roe be overturned as a result of other lawsuits.

Members of the House Health and Human Services Committee voted 6-2 along party lines to allow the substitute bill and then to advance it to the full House for consideration.

Ray said he was fully supportive of the more aggressive approach put forth by Sandstrom. "Somebody needs to challenge the Supreme Court."

The bill, however, is not a message bill. It is instead a call to action, Ray said.

"We're still talking about life vs. death, and I think it's imperative that we take a look" at that, he said.

After the vote, Utah Attorney General Mark Shurtleff, whose office would be required to defend the law, said he was caught off-guard by the decision. He said he was aware a substitute bill was being considered, but thought it had been abandoned in favor of the trigger bill, which he favored.

Defending HB235 would be a "costly battle" costing at least $1 million, predicted Shurtleff, who said he agreed with the legislative general counsel that the bill is likely unconstitutional.

Still, he said, "If the Legislature passes it, then my duty is to defend it."

HB235 sparked passionate debate on all sides Tuesday, with another freshman lawmaker coming out just as strongly on the opposite side of the measure.

"I want to make my position on this very clear," said Rep. Phil Riesen, D-Salt Lake. "Personally, I do not favor abortion. But that's my choice. I think women should have the same choice.

"This is about their bodies, it's about their children. It's about their families," he said. "It's a decision that should be made between the woman and her clergy and her doctor."

Any direct challenge of Roe v. Wade arising from HB235 is years away, and that's assuming the Supreme Court would even choose to hear the case, said Karrie Galloway, executive director of Planned Parenthood of Utah.

Galloway attended the Tuesday afternoon hearing to speak against the original version of HB235. Sandstrom, however, introduced his substitute bill after public testimony was heard, making Galloway feel like she was a victim of a "bait and switch."

"Everybody thought that we were here on a trigger bill, but obviously this was prepared. This was ready to go," she said.

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E-mail: awelling@desnews.com