The Wyoming Supreme Court has upheld abortion access in the state, ruling on January 6, 2023, that two abortion bans are unconstitutional. This decision affirms a woman’s fundamental right to make her own healthcare choices, including the decision to terminate a pregnancy.
Details of the Supreme Court Ruling
The court’s ruling came in a close 4-1 decision. Chief Justice Lynne Boomgaarden, along with Justices Kate Fox, Robert Jarosh, and John Fenn, concluded that the state did not provide sufficient justification for the bans, which included stringent restrictions on medication and procedural abortions. Justice Kari Gray dissented, believing the Legislature should have the authority to set restrictions.
Context of the Abortion Laws
These bans were part of the “Life is a Human Right Act” and a separate law prohibiting medical abortions. Both laws, signed by Governor Mark Gordon, included exceptions for cases involving rape, incest, or threats to a woman’s life. Abortion advocacy groups successfully challenged these laws in lower courts, leading to the appeal to the Wyoming Supreme Court.
Responses to the Decision
- Governor Mark Gordon expressed disappointment, stating that the ruling does not represent the views of many Wyoming residents.
- Giovannina Anthony, an OB-GYN and plaintiff in the case, celebrated the ruling as a victory for all Wyoming women.
- Speaker of the House Chip Neiman voiced disbelief, arguing that the unborn have rights and announcing a plan to propose a constitutional amendment to voters.
- Democratic representatives affirmed their commitment to protecting constitutional rights for all citizens in the state.
Implications and Future Steps
This ruling may reshape the abortion landscape not only in Wyoming but across the Mountain West, as the state has provided access to individuals from neighboring states with stricter laws. The next steps include potential legislative attempts to amend the state constitution, which could be addressed as early as the upcoming budget session starting February 9, 2023.
Further, lawmakers might introduce additional measures to regulate abortion access, despite previous attempts being blocked. This ongoing legal and political debate underscores the complexities surrounding reproductive rights in Wyoming.
