Abortion Laws in Wyoming
Introduction to the Ruling
Abortion will remain legal in Wyoming after the state Supreme Court struck down laws that include the country’s first explicit ban on abortion pills, ruling Tuesday that they violate the state constitution. The justices sided with the state’s only abortion clinic and others who had sued over the bans passed since 2022, when the U.S. Supreme Court overturned the landmark Roe v. Wade decision.
The Lawsuit and Its Arguments
Wellspring Health Access in Casper, the abortion access advocacy group Chelsea’s Fund and four women, including two obstetricians, argued that the laws violated a state constitutional amendment ensuring that competent adults have the right to make their own health care decisions. Attorneys for the state, however, argued that abortion can’t violate the Wyoming constitution because it is not health care.
The State Constitutional Amendment
Voters approved the constitutional amendment in 2012 in response to the federal Affordable Care Act. The justices recognized that the amendment wasn’t written to apply to abortion but said it’s not their job to “add words” to the state constitution. “But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices wrote in summarizing their 4-1 ruling.
Reaction to the Ruling
Gov. Mark Gordon, a Republican, said in a statement that he was disappointed by the ruling and called on state lawmakers meeting this winter to pass a proposed constitutional amendment banning abortion that would go before voters this fall. “This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote,” Gordon said.
The Overturned Laws
One of the laws overturned Tuesday sought to ban abortion except to protect a pregnant woman’s life or in cases involving rape or incest. The other law would have made Wyoming the only state to explicitly ban abortion pills, though other states have instituted de facto bans on abortion medication by broadly prohibiting abortion.
Current Status of Abortion in Wyoming
Abortion has remained legal in this conservative state since Teton County District Judge Melissa Owens in Jackson blocked the bans while the lawsuit challenging them went ahead. Owens struck down the laws as unconstitutional in 2024. Wellspring Health Access and attorneys on both sides of the case didn’t immediately reply to requests for comment.
Additional Abortion Laws
Last year, Wyoming passed additional laws requiring abortion clinics to be licensed surgical centers and women to get ultrasounds before having medication abortions. The Supreme Court ruling means those limitations could take effect, although a judge in a separate lawsuit has blocked them from taking effect while the case proceeds.
Conclusion
The ruling by the Wyoming Supreme Court ensures that abortion remains a legal option in the state, at least for the time being. The decision reflects the ongoing debate and legal challenges surrounding abortion rights in the United States. As Governor Gordon suggested, the issue may soon be put to Wyoming voters, potentially leading to further changes in the state’s abortion laws.
FAQs
Q: What was the ruling by the Wyoming Supreme Court regarding abortion laws?
A: The Wyoming Supreme Court ruled that laws banning abortion, including a ban on abortion pills, violate the state constitution.
Q: What constitutional amendment did the justices base their decision on?
A: The decision was based on a state constitutional amendment ensuring that competent adults have the right to make their own health care decisions.
Q: How did Governor Mark Gordon react to the ruling?
A: Governor Gordon expressed disappointment and called for state lawmakers to pass a proposed constitutional amendment banning abortion to be put before voters.
Q: What is the current status of abortion in Wyoming following the ruling?
A: Abortion remains legal in Wyoming, with the Supreme Court’s decision overturning laws that sought to ban or restrict access to abortion services.
Q: Are there any additional laws or restrictions on abortion in Wyoming?
A: Yes, there are additional laws requiring abortion clinics to be licensed surgical centers and women to get ultrasounds before having medication abortions, but these are currently blocked by a separate lawsuit.
