House rejects abortion measure

The Utah House on Monday voted against funding a multimillion-dollar fight against Roe v. Wade, reverting instead to a ban on abortions that would take effect if another state's legal challenge of the landmark ruling is successful.

HB235, sponsored by Rep. Paul Ray, R-Clearfield, originally began as a "trigger bill" but was substituted in committee with an outright abortion ban, setting the stage for a costly state-led legal battle.

Representatives voted nearly two-to-one to return HB235 to the less-aggressive trigger, citing concerns about timing and the cost to fight what is believed to be an uphill battle.

"This isn't a decision about how we feel about abortion — this is a decision about what is in the best interests of this state and what is likely to be successful," said Rep. Kay McIff, R-Richfield.

U.S. Supreme Court Chief Justice John Roberts has indicated a desire for unanimity on the court, and any decision overturning Roe would be extremely divided, said McIff, a retired judge. "It's important for us not only to choose the fight but to choose the timing in the fight."

The Supreme Court's 1973 decision recognizing a woman's right to choose whether to have an abortion has been challenged many times, including once by Utah in 1991. That case cost the state more than $1 million, money that many lawmakers said Monday should not be spent again.

"I strongly oppose abortion, as do most people in this body. But I do think that a trigger best serves the needs of the people of this state," said Rep. Stephen Urquhart, R-St. George, who offered the substitute bill taking HB235 back to a trigger mechanism.

The Utah Attorney General's Office estimates it would cost $1.3 million — nearly $440,000 per year for three years — to litigate an outright ban on abortion. The office also warned that a one-time payment of up to $2 million may be necessary for plaintiffs' attorney fees, depending on the outcome of the litigation.

In a recent Deseret Morning News/KSL-TV poll, a majority — 52 percent — opposed spending state money to defend a state ban on abortion.

At least four other states are considering legislation that would force a Roe v. Wade challenge. Urquhart said Utah should support, but not bankroll, those efforts.

"I think that it's their turn," he said. "They can fund that."

The over 30-minute debate centered more on the decision to spend money defending a lawsuit and not the issue of abortion itself.

Rep. Ron Bigelow, R-West Valley, agreed that the Utah Legislature should wait until the time is right to fight Roe v. Wade.