H.J.R. 19

1

RESOLUTION URGING SUPPORT OF
2 FEDERAL LAW PROHIBITING PARTIAL
3 BIRTH ABORTION
4 2004 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Brad King
7
8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature requests that Utah's Attorney General file an
11 amicus brief in support of the federal law banning partial birth abortion.
12 Highlighted Provisions:
13 This resolution:
14 . requests that the Utah Attorney General file an amicus brief in support of the
15 constitutionality of the federal law banning partial birth abortion; and
16 . urges that no state funds be expended to defend the federal law, which is being
17 defended by the federal government.
18 Special Clauses:
19 None
20
21 Be it resolved by the Legislature of the state of Utah:
22 WHEREAS, a law that would prohibit partial birth abortion has been passed by the
23 United States Congress, signed into law by President Bush, and is currently in effect;
24 WHEREAS, this legislation prohibits partial birth abortion in Utah and the rest of the
25 United States;
26 WHEREAS, the constitutionality of the federal law has been challenged in the courts
27 and the court proceedings are likely to be lengthy and expensive;

28 WHEREAS, the federal government is better financed than the state of Utah to defend
29 this legislation;
30 WHEREAS, Utah is experiencing a budget crisis and has had to cut programs, staff,
31 and state agencies in order to balance its budget; and
32 WHEREAS, Utah should not spend its limited resources defending the constitutionality
33 of partial birth abortion laws when the federal government is already defending the same partial
34 birth abortion ban:
35 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
36 requests that Utah's Attorney General file an amicus brief in support of the federal law,
37 currently in litigation, which bans partial birth abortion.
38 BE IT FURTHER RESOLVED that the Legislature urges that no state funds be
39 expended to defend the federal law banning partial birth abortion.
40 BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
41 the United States, the Majority Leader of the United States Senate, the Speaker of the United
42 States House of Representatives, and to the members of Utah's congressional delegation.




Legislative Review Note
as of 2-4-04 11:30 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel