The state Supreme Court of Utah ruled on Thursday that the near-total ban on abortions should be blocked until lower courts can determine its constitutionality.

Democrats applauded the ruling, meaning that abortions will remain legal for at least 18 weeks, under a state law which has been used as a safety net since abortion rights were thrown in limbo.

In its opinion, the panel stated that Planned Parenthood Association of Utah was entitled to bring a legal challenge against the state’s trigger abortion law and that an earlier court had acted within their jurisdiction when it blocked the ban.

The ruling does not determine the outcome of the abortion policy in the State, but only whether restrictions are put on hold while further legal proceedings continue. The case will be sent back down to a lower level court to determine if the law is constitutional.

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The trigger law, which is still on hold, would ban abortions except when the life of the mother is in danger or if there is a fatal abnormality. Separate state legislation passed last year allows abortions until 18 weeks in cases of incest or rape.

Utah lawmakers passed a trigger law in 2020, one of the strictest in the country. It would automatically ban the majority of abortions if the U.S. Supreme Court overturned Roe v. Wade. Abortion rights advocates in Utah immediately challenged this law when Roe was overturned in June 2022. A district court judge then put it on hold.

Kathryn Boyd is the president and CEO of Planned Parenthood Association of Utah. She celebrated the ruling on Thursday, and expressed her hope that the lower court would ultimately strike down trigger law, so that they can continue to serve patients without political interference.

Boyd stated that “Today’s ruling means our patients will be able to continue coming to us as their trusted health providers to receive abortion and other reproductive services here in Utah,” he said. While we celebrate our victory, we are aware that the battle is far from over.

Republican Gov. Spencer Cox expressed disappointment that the court continued to delay the law’s enforcement, but hoped it would only be a short-term setback.

Sen. Dan McKay (the sponsor of the trigger legislation) told reporters after the ruling on Thursday that the Legislature would likely try to reduce the 18-week limitation to six weeks as a “short-term solution” until the litigation over the trigger laws is resolved. He said that a special session of the legislature on abortion could be held this year.

In a statement issued jointly, Utah’s Republican legislators, Senate President Stuart Adams, and House Speaker Mike Schultz accused the state Supreme Court for undermining the Legislature’s constitutional authority to pass laws on behalf of the Utah people.

The court’s decision to put the law on hold was criticized by several other Republicans, including Rep. Lisonbee, of Davis County.

Lisonbee stated that it was “deeply unfortunate” that Utah’s pro-life laws are still being litigated more than two years following the Dobbs ruling, which has resulted in the death of thousands of unborn children in our state.

House Democrats applauded the decision, and asked their colleagues in district courts who will review the law to take into consideration how it might jeopardize Utah residents’ health and wellbeing.

Since the U.S. Supreme Court’s decision, many Republican-led state have implemented heavy restrictions or bans on abortion. With some exceptions, 14 states currently enforce abortion bans throughout pregnancy. Four other states have banned smoking after six weeks, before most women even realize they are pregnant.

Wyoming is the only state that has a ban on hand due to a recent court order.

After the U.S. Supreme Court ruled that there is no federal right to abortion, the key legal question was whether state constitutions contain provisions protecting abortion access. State constitutions are different, and state courts reached different conclusions. Arizona’s Supreme Court ruled in April that an 1864 abortion ban could be enforced, but lawmakers repealed the ruling quickly.

Abortion is a key issue for the November elections. At least six states will have abortion-related ballot initiatives on their ballots. Voters have consistently sided with abortion advocates in the seven statewide ballot measures that have been held since Roe’s overturn.