Case: Planned Parenthood Association of Utah v. State of Utah

220903886 | Utah state trial court

Filed Date: June 25, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

After the decision in Jackson Women's Health Organization v. Dobbs on June 24, 2022, Utah's trigger ban went into effect, making the provision of abortion in this state at any point in pregnancy a crime. The day after, Planned Parenthood filed this lawsuit in the Third Judicial District Court for Salt Lake County to challenge the abortion ban on state grounds. Plaintiffs claim that the ban violates multiple provisions of the Utah Constitution, including Utah’s guarantee of equal rights for men …

After the decision in Jackson Women's Health Organization v. Dobbs on June 24, 2022, Utah's trigger ban went into effect, making the provision of abortion in this state at any point in pregnancy a crime. The day after, Planned Parenthood filed this lawsuit in the Third Judicial District Court for Salt Lake County to challenge the abortion ban on state grounds. Plaintiffs claim that the ban violates multiple provisions of the Utah Constitution, including Utah’s guarantee of equal rights for men and women, its protections for individuals to make their own decisions about family composition, and the right to maintain their bodily integrity. Plaintiffs sought (1) declaratory relief stating that Utah’s trigger ban violates Plaintiff’s and its patients’ constitutional rights under the Utah Constitution and that it is therefore invalid, (2) injunctive relief in the form of a preliminary and permanent injunction prohibiting the enforcement of the ban, and (3) attorney’s fees and costs. This case was assigned to Judge Mark S. Kouris.

On June 27, 2022, the trial court held an emergency court hearing and granted a temporary restraining order, allowing abortion services to resume in the state effective immediately. The day after, on June 28, 2022, Utah’s 18-week ban went into effect, while the trigger law that banned all abortions was on hold.

Later on July 11, 2022, a preliminary injunction was granted and the total abortion ban continued to be prohibited while the litigation over the law proceeded. The preliminary injunction is currently on appeal.

This case remains ongoing.

Summary Authors

Kathleen Lok (11/2/2022)

Documents in the Clearinghouse

Document

220903886

Complaint for Declaratory and Injunctive Relief

June 25, 2022

June 25, 2022

Complaint

220903886

Defendants' Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction

July 7, 2022

July 7, 2022

Pleading / Motion / Brief

220903886

Order Granting Plaintiff's Motion for a Preliminary Injunction

July 11, 2022

July 11, 2022

Order/Opinion

Docket

Last updated Aug. 30, 2023, 2:32 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Utah

Case Type(s):

Reproductive Issues

Special Collection(s):

Abortion Trigger Ban Cases

Key Dates

Filing Date: June 25, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Planned Parenthood Association of Utah is a non-profit corporation dedicated to ensuring Utahns’ access to affordable, quality sexual and reproductive health care and education.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor, State

State of Utah, State

Attorney General, State

Director of the Utah Division of Occupational and Professional Licensing, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Non-government non-profit

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - None

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Pregnancy discrimination

Reproductive rights:

Abortion

Complete abortion ban

Criminalization

Reproductive health care (including birth control, abortion, and others)