A young woman who is 10 weeks pregnant will be allowed to get an abortion if she chooses.
That was the ruling Wednesday by 3rd District Judge David S. Young, who lifted a temporary restraining order he had put into effect last week.The order, requested by Michael J. Reynolds, the woman's husband, prohibited Jennifer F. Reynolds from obtaining an abortion. But Young said Wednesday that he found no legal basis for making the order permanent.
Mitchell Barker, attorney for the husband, argued that, "This is a case where the rights of the father are considerable."
But David Dolowitz, attorney for Mrs. Reynolds and the American Civil Liberties Union, said, "Mr. Reynolds is asking you (the judge) to give him rights that the state can't." He argued that the U.S. Supreme Court has ruled that no one can interfere with a woman's desire for an abortion during the first trimester of a pregnancy.
Her husband, who filed for divorce last week, says he wanted the child and was willing to raise it.
Mrs. Reynolds had already scheduled the abortion with the Utah Women's Health Center when the restraining order was issued last week.
The order outraged the health center, the ACLU, Planned Parenthood of Utah and the Utah chapter of the National Abortion Rights Action League, which called the order a potentially dangerous precedent.
"We believe that this case is one that threatens to severely curtail a woman's constitutionally guaranteed right to an abortion," said Susanne Millsaps, executive director of the local abortion rights league, during a news conference Tuesday afternoon at the ACLU offices.
But the husband, who was a spectator at the news conference, told a few reporters afterward that he wants to raise the child and should have that right.
"Nobody, not me or (his wife) has the right to kill that baby," he said, flanked by his attorneys as he was leaving the office building.