Utah to Clarify Strict Abortion Law

The Legislature opens a special session today to modify a new law that could mean homicide charges against people who participate in abortions.

During its regular session, which ended Feb. 25, the Legislature passed the most stringent state abortion restrictions in the nation.

The special session opens under the shadow of a tourism boycott. Abortion rights advocates are urging would-be visitors to Utah to protest by staying away.

A law passed on Jan. 25 would allow abortion only in some cases of rape or incest, if the life or health of the mother were gravely imperiled or if the fetus were gravely defective. Enforcement has been suspended pending challenges in court.

American Civil Liberties Union attorneys, in researching a constitutional challenge to the law, found the homicide prosecution provision.

They say that under Utah’s criminal homicide statutes, women who have abortions--and doctors who perform them--could face capital homicide charges. Attorneys for the state, however, argue that, in practice, no patient or abortion provider would face the death penalty.

The problem stems from a 1983 amendment to include illegal abortion in the state’s criminal homicide law. Besides clarifying the homicide statute, lawmakers are expected to broaden the state’s definition of incest and to make some technical corrections.

The National Organization for Women and the National Abortion Rights Action League have asked hundreds of thousands of members to boycott Utah to protest the abortion law.