In a landmark decision, the Wyoming Supreme Court has preserved legal access to abortion in the state by striking down two restrictive laws. The court ruled on Tuesday that the bans, passed in 2023, violated a constitutional amendment protecting individual healthcare decisions.
Court Cites Constitutional Protection for Healthcare Decisions
The state's highest court, in a 4-1 majority ruling, found that the laws infringed upon rights guaranteed by a 2012 amendment to the Wyoming Constitution. This amendment explicitly grants every 'competent adult' the right to make their own healthcare choices. Chief Justice Lynne J. Boomgaarden, writing for the majority, acknowledged the state's interest in protecting life but stated it failed to justify the statutes' restrictions on a woman's fundamental right.
The two challenged laws were:
- The 'Life is a Human Right Act': Enacted in 2023, it banned performing abortions with very limited exceptions for cases of rape or incest.
- A second statute: This law made it illegal to prescribe or dispense medication for terminating a pregnancy.
A Legal Victory for Plaintiffs Against a Conservative State
The lawsuit was brought by a group of women and medical professionals, supported by the nonprofit Chelsea's Fund, which works to provide abortion access in Wyoming. They argued the bans were unconstitutional. A lower court had previously blocked the laws from taking effect, and the Supreme Court's decision this week makes that block permanent.
Wyoming, a predominantly rural and conservative state in the western U.S., passed these laws in direct response to the 2022 U.S. Supreme Court ruling that overturned the national constitutional right to abortion. Governor Mark Gordon, a Republican who opposes abortion, called the state court's ruling 'profoundly unfortunate.' He urged the legislature to pass a new constitutional amendment to explicitly allow for abortion bans, stating the decision does not reflect the moral stance of many Wyoming citizens.
National Landscape and Implications
This ruling solidifies Wyoming's position in the complex national patchwork of abortion access post-2022. According to the Center for Reproductive Rights, 13 states currently have total abortion bans in effect. Wyoming now joins another 18 states that have enacted significant restrictions but not outright bans, keeping a narrow path to legal abortion open.
Advocacy groups celebrated the victory. Chelsea's Fund released a statement welcoming the ruling, saying it ensures that neighbors, community members, and families retain the freedom to make their own reproductive healthcare decisions. The legal battle, however, highlights the ongoing national conflict, moving from federal courts to state constitutions and legislatures.