By Ben Winslow | FOX13 News

Attorneys for the state of Utah have asked a judge to dissolve an injunction and allow the state’s near-total abortion ban to go into effect.

Planned Parenthood Association of Utah and the Utah Attorney General’s Office have both filed motions for summary judgment, which asks a judge to abruptly end the case in their favor. For Planned Parenthood, it would be to permanently block Utah’s ban on most abortions which can’t take effect because a judge has imposed a preliminary injunction.

In a court filing asking for summary judgment in the state’s favor and the injunction to be dissolved, the Utah Attorney General’s Office argued that the legislature is best suited to decide these matters through those elected by the people.

“But the existence of persuasive policy arguments does not create constitutional rights. By way of analogy, many states are liberalizing their restrictions on a host of activities traditionally subject to regulation, such as recreational marijuana or assisted suicide, persuaded by policy arguments brought forth by proponents of legalization. The fact that there may be persuasive policy arguments in favor of legalized recreational marijuana or assisted suicide does not transform those activities into constitutional rights. It is the same with abortion,” assistant Utah Attorney General Lance Sorensen wrote.

“Plaintiff is welcome, as our representative democracy contemplates, to seek to persuade its fellow citizens of Utah that permissive abortion regulations are in the best interests of the State. Plaintiff and its members are free to promote and vote for political candidates who share Plaintiff’s views on abortion policy.”

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This article is published through the Utah News Collaborative, a partnership of news organizations in Utah that aims to inform readers across the state.