Wyoming Supreme Court Blocks Abortion Bans, Ensures Continued Legality
In a significant legal development, abortion remains permissible in Wyoming following a state Supreme Court decision that invalidated two legislative measures aimed at restricting the procedure. Among these was the nation’s first explicit prohibition on abortion pills, which was deemed to contravene the state constitution.
The ruling favored the state’s sole abortion clinic and associated litigants who challenged the laws enacted after the U.S. Supreme Court’s overturning of the historic Roe v. Wade decision in 2022.
Despite Wyoming’s conservative reputation, the 4-1 decision by justices, all appointed by Republican governors, affirmed previous lower court rulings that the abortion restrictions breached the state constitution. The plaintiffs, including Wellspring Health Access, Chelsea’s Fund, and four women—two of whom are obstetricians—argued that the laws infringed upon a state constitutional amendment safeguarding competent adults’ rights to make personal health care decisions.
This amendment, ratified by voters in 2012 as a reaction to the federal Affordable Care Act, was not initially intended to cover abortion. However, the justices noted their role was not to “add words” to the constitution, suggesting that lawmakers could propose a constitutional amendment to clarify the issue for voters.
Julie Burkhart, President of Wellspring Health Access, stated, “The ruling upholds abortion as ‘essential health care’ that shouldn’t be subject to government interference.” She confirmed that their Casper-based clinic, the only one in Wyoming, would continue providing reproductive health services, including abortions.
The clinic, which faced a delayed opening due to an arson attack, began operations in 2023. The perpetrator pleaded guilty and is currently serving a five-year prison sentence.
State attorneys contended before the Supreme Court that abortion is not a form of health care, thus cannot breach the Wyoming constitution. Governor Mark Gordon expressed his discontent with the ruling, urging lawmakers to consider a constitutional amendment against abortion for the electorate’s decision.
“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,” Gordon said, advocating for a public vote on the matter.
The legislative session, primarily budget-focused, would require a two-thirds majority to introduce such an amendment, which is likely to garner substantial support in the Republican-dominated legislature.
One annulled law allowed for abortion solely to save a woman’s life or in cases of rape or incest, while the other sought to make Wyoming distinct in explicitly banning abortion pills. Other states have indirectly prohibited abortion medication through broad restrictions.
Abortion has remained accessible in Wyoming since Teton County District Judge Melissa Owens put the bans on hold pending the lawsuit, eventually deeming them unconstitutional in 2024. Additional 2023 laws demanding abortion facilities to be licensed surgical centers and mandating ultrasounds before medication abortions are blocked as another legal challenge unfolds.
Currently, 13 states have comprehensive abortion bans, with North Dakota’s Supreme Court recently upholding its restriction in November.
