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House passes ban on so-called 'partial-birth' abortion after heated debate

Utah House of Representatives · February 18, 2004
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Summary

The House passed Second Substitute Senate Bill 69, prohibiting a procedure described as 'partial-birth' abortion, after a prolonged and impassioned floor debate over necessity, medical exceptions and legal exposure; the measure passed 60-11 and will be sent to the Senate.

The Utah House of Representatives passed Second Substitute Senate Bill 69, a bill that would ban what its supporters described as the "partial-birth" abortion procedure, after an extended and emotional floor debate.

Representative Thompson, the bill sponsor, told colleagues the measure mirrors recent federal legislation and would make Utah’s law reflect "a ban on this procedure," saying "This is a vote for life or for murder." He framed the bill as allowing only a narrow exception to save a mother's life.

Opponents questioned the need for a separate state statute and argued the change risks litigation and could remove a health exception. Representative King asked what additional protections the state bill would provide now that federal law has passed. Representative Moss urged caution, saying she was reluctant to support what she called a "message bill" that might not save lives and could expose the state to court costs. Representative Litvak raised concerns about how the bill defines viability and the point at which the statute would apply. Representative Lockhart, a clinician with labor-and-delivery experience, argued from personal practice that the procedure would involve an infant who is alive during delivery and said the House "needs this bill." Representative Bush framed the choice starkly: "you're for killing babies or against killing babies." Representative Mascaro said she supported a ban in principle but preferred waiting for federal review to finish to avoid state legal expense.

Sponsor Thompson said the attorney general's office is prepared to assist in any legal defense and characterized the vote as pre-emptive: "I say we stop before that murder does occur." The House closed debate with a successful motion for previous question and passed the bill 60-11.

The bill will be forwarded to the Utah Senate for further consideration.

The next procedural step is Senate consideration; no amendments affecting the final text were adopted on the floor during this House session.