Wyoming's Abortion Laws: Strict Or Lenient?

Wyoming's abortion laws have been the subject of much debate in recent years, with the state enacting several measures that restrict abortion access. In 2022, Wyoming passed a trigger law that would ban abortion in almost all situations, and in 2023, the state enacted a total medication abortion ban, making it the first in the US to do so. These laws are currently blocked from taking effect due to legal challenges, and abortion remains legal in Wyoming as of March 2024, when Governor Mark Gordon vetoed a bill that would have erected significant barriers to the procedure. However, the future of abortion access in the state is uncertain as the outcome of the lawsuit challenging the new laws is pending.

Abortion pills are banned in Wyoming

The abortion pill ban in Wyoming is part of a broader trend of states implementing various measures to restrict access to abortion care. By March 2024, medication abortion was banned in 18 states, with 15 states having limited access to abortion pills. Wyoming's ban on abortion pills was accompanied by a separate measure restricting abortion that Governor Gordon allowed to become law without his signature. This measure, called the "Life is a Human Right Act," faced legal challenges and was tied up in court, resulting in abortion remaining legal in the state until fetal viability.

The abortion pill ban in Wyoming has been criticized by abortion-rights supporters, who argue that it infringes on a person's right to make their own healthcare decisions. They contend that outlawing abortion will not make it obsolete and that such bans hurt individuals who need access to abortion services. Additionally, abortion pills have become an increasingly preferred method for ending pregnancies across the United States, even before the overturning of Roe v. Wade. The two-pill combination of mifepristone and another drug is the most common form of abortion in the country.

The legal landscape surrounding abortion rights in Wyoming remains complex and dynamic. While abortion pills are banned in the state, abortion itself is currently legal due to a temporary court injunction. This injunction stems from a judge's ruling that abortion bans violate the state constitution's clause, providing Wyomingites the right to make their own healthcare decisions. However, Wyoming's legislature passed HB92, a trigger law that would ban abortion beginning five days after the overturn of Roe v. Wade. This law includes exceptions for cases of rape, incest (reported to law enforcement), and serious health risks to the pregnant woman.

Abortion is currently legal in Wyoming

In March 2024, Wyoming Governor Mark Gordon vetoed a bill that would have created significant barriers to abortion access in the state. The bill aimed to regulate abortion clinics by requiring them to be licensed as outpatient surgical centres, which would have added to their operational costs and burdens. The bill also included a mandatory ultrasound requirement for women seeking abortions. Governor Gordon stated that while the measure would have “properly regulated” clinics, amendments added by lawmakers made it vulnerable to legal challenge.

The current legal status of abortion in Wyoming is due to a temporary court injunction. In March 2022, Wyoming's legislature passed HB92, a trigger law that would ban abortion beginning five days after the overturn of Roe v. Wade. However, this law has been challenged in court and is currently not in effect. On March 17, 2023, Governor Gordon signed a separate law banning abortion pills, making Wyoming the first state in the country to do so. This law is also facing legal challenges and has been blocked by a judge who found that abortion bans violate the state constitution's clause guaranteeing the right of Wyomingites to make their own healthcare decisions.

The ongoing legal battles over abortion in Wyoming reflect a broader national debate and legal landscape following the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022. While abortion rights supporters in Wyoming have achieved some victories through court injunctions and gubernatorial vetoes, the state's legislature and governor have also passed and signed several restrictive abortion laws. The outcome of the ongoing legal challenges will determine the future of abortion access in Wyoming, with the state Supreme Court set to consider the major questions in the case.

Wyoming's trigger law bans abortion except in certain cases

Wyoming's trigger law, House Bill 92, bans abortion five days after the Roe v. Wade decision was overturned. However, abortion is currently legal in Wyoming due to a temporary court injunction. The trigger law includes exceptions for cases of rape, incest (if reported to law enforcement), and if there is a serious risk of death or "substantial and irreversible physical impairments" to the pregnant woman.

Wyoming's trigger law was passed on March 15, 2022, and went into effect on June 24, 2022, when the U.S. Supreme Court overturned Roe v. Wade. This law makes abortion illegal in Wyoming, except for the specified exceptions. The law was sponsored by Wyoming House Representative Rachel Rodriguez-Williams, who stated that it was a "landmark decision" and a "dream come true."

However, there is ongoing legal debate surrounding abortion in Wyoming. On March 22, 2024, Wyoming Governor Mark Gordon vetoed a bill that would have created significant barriers to abortion, had it remained legal in the state. The bill was aimed at the state's only full-service abortion clinic, Wellspring Health Access, and would have required additional licensing and ultrasounds for women seeking abortions. Governor Gordon stated that the bill would have "properly regulated" clinics but was vulnerable to legal challenge.

The legal status of abortion in Wyoming remains uncertain, as it is currently pending the outcome of a lawsuit challenging the new laws to ban the procedure. Teton County District Judge Melissa Owens has shown sympathy for abortion-rights supporters, indicating that they may prevail with their argument that abortion is allowed under a 2012 state constitutional amendment guaranteeing competent adults the right to make their own healthcare decisions.

The number of abortion clinics in Wyoming has been declining

Wyoming has passed several restrictive abortion laws in recent years, and the number of abortion clinics in the state has been on a steady decline since the late 20th century. In 1982, there were eight abortion clinics in Wyoming, which decreased to five in 1992. By 2014, the number of abortion clinics in the state had dropped to one, and this number remained unchanged in 2016, 2017, and 2019.

The decline in the number of abortion clinics in Wyoming can be attributed to various factors, including restrictive laws, opposition from anti-abortion groups, and a lack of public support for abortion rights. In 2013, a fetal heartbeat bill was introduced in the Wyoming House of Representatives, but it did not pass. However, other restrictive laws have been enacted, such as the mandatory ultrasound law that went into effect in 2017, and the ban on abortion pills signed in 2023 by Governor Mark Gordon.

The sole abortion clinic in Wyoming, Wellspring Health Access, has faced significant opposition and delays. The clinic was initially set to open in 2022 but was delayed by a year due to an arson attack by a woman who opposed abortion. Despite the challenges, the clinic opened its doors in 2023 and is currently the only provider of surgical abortions in the state. The other abortion provider in Wyoming offers medication abortions only.

The decline in the number of abortion clinics in Wyoming has had a significant impact on access to reproductive healthcare for women in the state. In 2017, 96% of counties in Wyoming did not have an abortion clinic, and 96% of women aged 15-44 lived in a county without access to an abortion clinic. This lack of access to safe and legal abortion services has likely contributed to the high infant mortality rate in the state, which was 4.6 deaths per 1,000 live births in 2017.

While there have been efforts to restrict abortion access in Wyoming, there is also support for abortion rights in the state. In May 2019, Wyomingites participated in Stop the Bans rallies to advocate for women's right to abortion. Additionally, in 2024, Governor Mark Gordon vetoed a bill that would have erected significant barriers to abortion, demonstrating a recognition of the importance of access to abortion services for those who need them.

Abortion restrictions vetoed by Wyoming's governor

On March 22, 2024, Wyoming's governor, Mark Gordon, vetoed a bill that would have erected significant barriers to abortion, should it remain legal in the state. The abortion bill, which was rejected by the Republican governor, would have required facilities providing surgical abortions to be licensed as outpatient surgical centres, adding to their operational costs and burdens.

Women would have been required to get ultrasounds no less than 48 hours before either a surgical or pill abortion to determine the fetus's gestational age, location, and viability of the pregnancy. Abortion is currently legal in Wyoming due to a temporary court injunction, pending the outcome of a lawsuit challenging new laws to ban the procedure.

The bill was aimed at the state's only full-service abortion clinic, Wellspring Health Access in Casper, which opened in 2023 after being delayed almost a year due to an arson attack by a woman who opposed abortion. Gordon said that the measure would have "properly regulated" clinics, but that amendments added by lawmakers made it vulnerable to legal challenge. He also stated that the bill "had the potential to further delay the resolution of this critical issue for the unborn."

In addition to vetoing the abortion restrictions, Gordon signed legislation banning gender-affirming medical care for transgender minors, citing his support for the bill's protections for minors. However, he also expressed his belief that such legislation amounts to the government "straying into the personal affairs of families."

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