"My question is the constitutionality," Huntsman said Friday in an interview, "and whether we want to be the first state paying all the bills."

That's the idea embodied in a measure pushed by Rep. Steve Urquhart, R-St. George, to replace the abortion ban headed for the House floor early next week.

Urquhart wants to restore the "trigger" originally contained in Rep. Paul Ray's bill to ban abortion, a measure intended to spark a U.S. Supreme Court case to overturn the landmark Roe v. Wade decision recognizing a woman's constitutional right to choose abortion. With a trigger, the law would take effect only after the Supreme Court has overturned Roe v. Wade.

"In 1991, Utah footed the court bill to challenge Roe v. Wade," Urquhart said on his blog. "It is now another state's turn."

The state paid legal bills of more than $1 million in the previous case.

Ray said he hopes to discuss Urquhart's approach and his with fellow House Republicans before the vote.

The Clearfield lawmaker noted that 11 states are considering abortion-law changes this year. Three besides Utah - Virginia, West Virginia and Mississippi - are considering a full-fledged ban. And three others are considering bans with triggers - North Dakota, Colorado and Texas.

"We have some broad-based support for the actual ban," he said. He put the cost of mounting the case at $1.3 million.

"I think the time is right," he said, adding that advanced technology will bolster the state's argument. "I think we can show when life begins."

Senate President John Valentine and other Republican leaders have endorsed an outright abortion ban and the associated legal expense. Others are skeptical.

If Utah were to lead the charge, the Legislature and governor would have to outlaw abortion, wait to be sued, expect to lose in U.S. District Court, expect to lose in appeals court, then hope the U.S. Supreme Court would agree to hear Utah's case - all while the legal fees mounted by the hour.

Urquhart and others suggest the expense would be much higher than Ray's estimate. The Attorney General's Office's estimate is more than $2 million, while some put the figure closer to $4 million.

Sen. Carlene Walker, R-Cottonwood Heights, said she sees higher priorities for state funds, topped by transportation and education.

"We spent a bunch of money on it the last time," she said, explaining why she favors a trigger. "And I just don't think I'm willing [for Utah] to be the first one out there again."

Rep. Scott Wyatt, R-Logan, said he supports neither the ban nor the trigger on legal grounds. The litigation will be "extremely expensive" and the outcome highly uncertain.

"I don't think this is yet the time to present this to the Supreme Court," he said.

Gayle Ruzicka, president of the Utah Eagle Forum, said there are plenty of anti-abortion lawyers and groups eager to help defray the state's cost.

"We want an outright ban," she said.

fahys@sltrib.com

HB235

The bill would put Utah in lead of challenging abortion rights.

Next step: Goes to full House.