SALT LAKE CITY — A judge has ruled in favor of a Planned Parenthood request to block Utah's latest anti-abortion law from going into effect.
On Tuesday, 3rd District Court Judge Andrew Stone blocked the new law from being enforced. It would have stripped abortion clinics of their licenses and required all abortions in Utah to be performed in hospitals or medical clinics.
The law would have gone into effect Wednesday.
“Until about 45 minutes ago, we were preparing to call our patients and let them know that we were no longer going to be able to offer abortion services to them,” said Sarah Stoesz, interim president and CEO of Planned Parenthood Association of Utah.
In his ruling, Judge Stone noted a medical doctor's declaration that "abortions are rarely performed in hospital settings" and that the impact of the state's law "will drive most people seeking abortion out of state or force them to remain pregnant and ultimately give birth against their will."
"The evidence clearly indicates that the threatened injury to the plaintiff and its patients outweighs whatever damage the State would suffer if the Clinic Ban is allowed to go into effect, rather than preserving the status quo," Judge Stone wrote.
The judge's ruling allows abortions to be performed up to 18 weeks of pregnancy.
“It’s been a very unsettling time and this preliminary injunction goes a long way in helping women in Utah feel relieved,” said Stoesz.
“It’s disappointing to see legal volleying going on when there’s an effort really to protect life,” said Senator Daniel McCay (R) of Riverton. He helped sponsor the bill.
“We fought our way into creating abortion law. And we’re fighting our way out of it. It doesn’t surprise me that the courts want to take a slower approach,” he said.
The Utah Attorney General's Office did not immediately respond to FOX 13 News' request for comment on the ruling, but it is expected to appeal to the Utah Supreme Court. The state's top court is currently considering another appeal by the state in the same case, blocking Utah's abortion "trigger law" from going into effect.
When the U.S. Supreme Court overturned Roe v. Wade, Utah's "trigger law" went into effect, banning all abortions in the state with the exception of rape, incest or health of the mother. Judge Stone blocked that law from being enforced. The Utah Supreme Court allowed that injunction to remain in place pending the appeal.
“We will continue to fight this out in court. I imagine this is going to go on for some time,” said Stoesz.
“It’s a step one out of a thousand. There are a lot more steps in this case to be considered and I’m very confident in the state’s legal position,” said McCay.
The Utah Department of Health & Human Services shared a statement with FOX 13 News after the decision, saying it "will abide by the requirements of today’s decision."
"This means our Division of Licensing and Background Checks will continue to follow our current licensing practices and oversight outlined in state code," the DHHS statement continued. "We will stay in communication with our licensed providers throughout this process."
