wife's abortion.
RITTER, Chief District Judge (dissenting).
The plaintiff is a child under the age of 18, separated from her husband against whom she has filed for divorce. She has had no sexual relationship with her husband since the initial separation, and he is not the father.
She is in the first trimester of her pregnancy, desires an abortion, has requested her physician to perform it, and he, in his best medical judgment, believes the abortion should be performed in the interest of her physical and mental health. He is willing to perform it, but unwilling to risk prosecution as a felon[1] for violation of Section 76-7-304(2), Utah Code Annotated (1974), and has told plaintiff he will not perform the abortion without informing her husband of her intent to obtain it.than his intellectual gifts, and was, in truth, rather a matter of shame than self-congratulation with him. There he stood, with a border of grizzled locks beneath his skullcap, while his gray eyes, accustomed to the shaded light of his study, were winking, like those of Hester's infant, in the unadulterated sunshine. He looked like the darkly engraved portraits which we see prefixed to old volumes of sermons; and had no more right than one of those portraits would have, to step forth, as he now did, and meddle with a question of human guilt, passion and anguish." (pp. 74-75.)
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"The other eminent characters by whom the chief ruler was surrounded were distinguished by a dignity of mien belonging to a period when the forms of authority were felt