The state of Wyoming has filed an appeal to the Wyoming Supreme Court to overturn a decision made by a lower court, which ruled that two abortion bans passed in 2023 were unconstitutional. This decision came after a Teton County judge ruled that the bans went against Wyoming’s state constitution, which guarantees people the right to make their own health care decisions.
Governor Mark Gordon had previously signaled in November 2024 that the state would take the case all the way to the Wyoming Supreme Court. The bans, which were passed by state lawmakers in 2023, restrict abortion access significantly. One ban prevents abortions except in cases of sexual assault, incest, or when the mother’s life is in danger, while the other bans medication-induced abortions. These laws have not been in effect since 2023 because of ongoing legal battles.
Wyoming’s Health Care Rights Clause at the Center of the Case
At the heart of the case is a section of Wyoming’s state constitution. Article 1, Section 38 of the constitution says that “Each competent adult shall have the right to make his or her own health care decisions.” This clause was added to the state constitution in 2012 through an amendment passed by voters after the legislature introduced it in 2011. The purpose of the amendment was to protect individuals’ rights to make health care decisions without interference, particularly in response to concerns about the Affordable Care Act (also known as Obamacare) under former President Barack Obama.
Those who oppose the state’s abortion bans argue that this section of the constitution should protect a woman’s right to choose an abortion, seeing it as part of her right to make decisions about her own health. Legal experts have suggested that the amendment could protect abortion access, although this has never been tested in court until now. In November 2024, Teton County District Judge Melissa Owens ruled that the state constitution does indeed protect abortion rights, which led the state to appeal.
The State’s Argument: No Right to Abortion Under the Constitution
In its appeal to the Wyoming Supreme Court, the state’s legal team, led by Special Assistant Attorney General Jay Jerde, argues that the constitutional provision about health care rights does not apply to abortion. The state believes that when voters approved the amendment in 2012, they did not intend to create a right to abortion in Wyoming.
The state further argues that the court made a mistake by blocking the bans, saying that the issue of abortion should be left to the state legislature, not the courts. Jerde also claims that the lower court violated the separation of powers by declaring the bans unconstitutional. He calls for the Wyoming Supreme Court to reverse this decision.
Background on Wyoming’s Abortion Laws
The history of abortion laws in Wyoming has been long and complex. Prior to the U.S. Supreme Court’s landmark 1973 Roe v. Wade decision, Wyoming’s laws banned abortion. After Roe v. Wade, the state began passing laws regulating abortion but did not attempt to ban it. After the U.S. Supreme Court overturned Roe v. Wade in 2022, Wyoming passed a “trigger law” that banned most abortions, but this law was blocked by the courts. In 2023, the legislature replaced the trigger law with the two bans that are now the subject of this appeal.
The Public’s Opinion on Abortion in Wyoming
Public opinion on abortion in Wyoming is divided. A poll conducted in November 2024 found that about 31% of Wyoming residents support a total abortion ban like the one passed by lawmakers, while 10% favor a complete ban with no exceptions. On the other hand, nearly 40% of residents believe abortion should remain a personal choice, and 19.7% believe abortion should only be allowed after a clear need is proven.
Legislative Efforts to Restrict Abortion Further
While the legal battle continues, lawmakers in Wyoming are working on additional restrictions on abortion. Two bills that would further regulate surgical and medication-induced abortions are currently awaiting action in the state Senate. These bills are part of a broader effort by conservative lawmakers to make abortions more difficult to obtain in the state.
Some lawmakers, such as Speaker of the House Chip Neiman, have openly said that these new measures are designed to make women reconsider their decisions about abortion, while others, like Rep. Karlee Provenza, have suggested that lawmakers should try to change the state constitution if they want a total ban on abortion.
Next Steps in the Legal Battle
The plaintiffs in this case have 45 days to respond to the state’s appeal, and once they do, the Wyoming Supreme Court may set a date for oral arguments. The outcome of this case will have a significant impact on abortion access in Wyoming, as the state’s highest court will decide whether the right to make health care decisions under the state constitution includes the right to abortion.
(Source: newsbreak.com)
