Wyoming Supreme Court Upholds Abortion Rights, Strikes Down Restrictive Laws

FORT COLLINS, Colo. (PulseWire) — Abortion will continue to be legal in Wyoming after the state Supreme Court struck down restrictive laws on Tuesday, including the country’s first explicit ban on abortion pills, ruling that they conflict with the state constitution.

The justices sided with the state’s sole abortion clinic, Wellspring Health Access, and other plaintiffs who challenged the legislation passed after the U.S. Supreme Court overturned Roe v. Wade.

In their ruling, the justices emphasized the constitutional right of competent adults to make their own healthcare decisions, affirming the claims of Wellspring Health Access and four women, including two obstetricians.

Conversely, attorneys representing the state argued that abortion cannot be classified as healthcare under the Wyoming constitution. The justices noted that while the constitutional amendment was not originally intended to address abortion, it was not their responsibility to modify the document.

“Lawmakers could propose a constitutional amendment for voter consideration that more explicitly covers this issue,” stated the justices in their 4-1 decision.

Governor Mark Gordon, expressing disappointment in the ruling, called for the legislature to consider a constitutional amendment banning abortion. He emphasized the need for a public vote on the matter, reflecting the views of many Wyoming citizens.

Despite the ruling, one of the overturned laws sought to limit abortion to instances where it was necessary to protect a woman’s life or in cases of rape or incest. Moreover, it would also have made Wyoming unique in explicitly banning abortion pills, while other states have already implemented practical bans on such medications through broader abortion restrictions.

Abortion has remained legal in the state since 2022 when a district judge blocked attempts to enforce the laws amid ongoing legal challenges. The ruling means that restrictions requiring abortion clinics to operate as licensed surgical centers and mandating ultrasounds prior to chemical abortions could come into play; however, a judge in a separate case has already prevented these from being enacted.

The decision is seen as a significant victory for advocates of reproductive health access in Wyoming, reflecting a division between legislative intent and judicial interpretation in ongoing abortion debates.