The Wyoming Supreme Court recently affirmed that the state’s abortion ban laws are unconstitutional. This decision supports a lower court ruling that challenged two key pieces of legislation introduced in 2022. The first law enforced a total ban on abortions, with exceptions for rape or incest, while the second prohibited the use of abortion pills. Wyoming had enacted these measures following the U.S. Supreme Court’s reversal of Roe v. Wade, making it the first state to outlaw abortion pills.
In a 4-1 decision, Chief Justice Kate Fox sided with a diverse group of petitioners that included Wellspring Health Access, Wyoming’s sole abortion clinic, two obstetricians, four women, and the Chelsea Fund, an abortion advocacy group. The petitioners argued under Article 1, §38 of the Wyoming Constitution, which ensures that every citizen has “the right to make his or her own health care decisions” and mandates the protection of these rights from “undue governmental infringement.” Their argument posited that banning abortion access would infringe upon these constitutionally protected rights. The state, however, contended that abortion does not constitute healthcare—a claim the court ultimately rejected.
The court stated that although the amendment of Article 1, §38 was not specifically designed with abortion in mind, it still applies to this case. The majority opinion acknowledged the state’s interest in safeguarding potential life but concluded that the state failed to meet its justification burden under the Wyoming Constitution. The court emphasized its role in interpreting, rather than adding words to, the state constitution, suggesting that lawmakers might consider proposing a constitutional amendment to address the issue more explicitly. This could potentially be put to voters, as noted by Governor Mark Gordon, who expressed disappointment over the decision and urged lawmakers toward an amendment.
For further insight into the court’s decision, one can explore more details here. This ruling not only impacts Wyoming but could also influence abortion legislation debates across other states grappling with similar constitutional questions and the interplay between state laws and individual healthcare rights.