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Utah Senate passes ban on partial‑birth abortion after rejecting health‑exception amendment
Summary
The Utah Senate passed First Substitute Senate Bill 69 on Jan. 23, 2004, by roll call after rejecting a proposed health‑of‑the‑mother amendment. Sponsors argued the measure aligns with federal legislation; opponents raised fiscal and constitutional concerns about litigation costs.
The Utah Senate passed First Substitute Senate Bill 69, a measure that would ban a procedure described in debate as a ‘‘partial‑birth abortion,’’ after rejecting an amendment that would have added a health‑of‑the‑mother exception.
Senator Gregory S. Bramble, sponsor of the bill, told colleagues the substitute language aligns with federal draft legislation and argued Utah could join federal litigation if the bill is challenged. "This bill prohibits that child from being, killed," he said in floor remarks urging passage and invoking federal commentary that the procedure "offends human dignity." He framed the bill as protecting a "vulnerable" partially born child.
A senator seeking to add a statutory health exception proposed language that would limit the ban when "the life or health of the woman is adjudged by competent medical authority to be in serious jeopardy." That proposed amendment prompted a roll‑call vote; the amendment failed by recorded vote (7 ayes, 21 nays), returning the chamber to the bill's original substitute text.
Senator Aaron — who questioned the fiscal worksheet — pressed for clearer fiscal estimates, noting an attorney general worksheet that he said requested $200,000 and discussion on the radio of potential costs ‘‘like a half‑million’’ if attorney's fees are required. He moved to circle the bill temporarily to gather more fiscal impact information but that motion failed and debate continued on the floor.
Supporters, including Senator Wright, argued the bill reflects moral concerns beyond legal technicalities and urged the Senate to send a clear legislative message. Critics raised the possibility of costly litigation and constitutional challenges, and asked whether the state lacked authority to change outcomes set by federal court rulings.
On final passage, the Senate recorded 25 ayes, 3 nays, and 1 absent; the bill will be transmitted to the Utah House for further consideration.
Next steps: SB 69 will go to the House, and sponsors signaled readiness to defend the law should it be challenged in court. The Senate did not adopt the health‑exception amendment and did not change the substitute language during this session.
