Wyoming's Abortion Laws: Understanding The Current Landscape

Abortion laws vary across the United States, with Wyoming currently permitting abortions due to a temporary court injunction. In March 2024, Wyoming's governor vetoed a bill that would have imposed significant barriers to abortion access in the state, should it remain legal. The bill, which was aimed at the state's sole full-service abortion clinic, would have required facilities providing surgical abortions to be licensed as outpatient surgical centres, adding operational costs and burdens. This dynamic landscape of abortion laws in Wyoming is a result of the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022, which removed federal protection for abortion rights and returned regulatory power to individual states.

Abortion pills are banned in Wyoming

The abortion pill ban was specifically aimed at Wellspring Health Access, Wyoming's only full-service abortion clinic, which opened in 2023 after an arson attack delayed its launch. The Casper facility provides most abortions through pills, but it also offers surgical abortions.

Under the abortion pill ban, women would have been required to get an ultrasound at least 48 hours before taking an abortion pill to determine the gestational age and location of the fetus, as well as the viability of the pregnancy. This would have created added travel and time-off-work costs for women seeking abortions.

The abortion pill ban, along with other laws restricting abortion in Wyoming, has been put on hold by Teton County District Judge Melissa Owens while she considers lawsuits against them. Judge Owens has indicated that she sympathizes with abortion-rights supporters, stating that abortion is likely allowed under a 2012 state constitutional amendment that grants competent adults the right to make their own healthcare decisions.

Attorneys for Wyoming counter this argument, claiming that the amendment was never intended to apply to abortion. The state Supreme Court will now consider the major questions in the case.

Ultrasound requirements for women seeking abortions

In February 2024, an amendment was made to Wyoming's abortion restriction bill, adding a mandatory ultrasound requirement at least 48 hours before terminating a pregnancy. This was proposed as a safety measure by the House majority floor leader, Rep. Chip Neiman, who argued that ultrasounds can verify gestational age, viability, and whether the pregnancy is ectopic. However, medical professionals have disputed the necessity of universal ultrasound requirements, stating that gestational age can be accurately estimated without ultrasounds, and that ectopic pregnancies are rare among women seeking abortions.

The mandatory ultrasound requirement has been criticised by abortion rights advocates, who argue that it creates unnecessary delays and increases costs for those seeking abortions, particularly affecting those with low incomes and those who live far from clinics. There are also concerns about the lack of regulation of "crisis pregnancy centres", which offer free ultrasounds but may not have staff trained to identify ectopic pregnancies or cooperate with abortion clinics.

The ultrasound requirement is part of a broader trend of increasing abortion restrictions in Wyoming, including a trigger ban, a ban on abortion pills, and regulations requiring abortion clinics to be licensed surgical centres with admitting privileges at nearby hospitals. The impact of these restrictions has been significant, with a decrease in the number of abortion clinics in the state and limited access to abortion services for Wyoming residents.

The state's only full-service abortion clinic

Wyoming's only full-service abortion clinic is the Wellspring Health Access facility in Casper. The clinic opened in 2023, almost a year later than planned, after being badly burned in an arson attack by a woman who opposed abortion. The majority of abortions at Wellspring are administered through pills, but the clinic has also performed surgical abortions.

In March 2024, Wyoming's governor, Mark Gordon, vetoed a bill that would have put up significant barriers to abortion at the clinic. The bill would have required facilities providing surgical abortions to be licensed as outpatient surgical centres, adding to their operational costs. It would also have mandated that women have an ultrasound at least 48 hours before a surgical or pill abortion to determine the gestational age, location, and viability of the pregnancy.

The bill was specifically aimed at Wellspring, and clinic founder Julie Burkhart said it was meant to close down the clinic. She stated that "outlawing abortion will never serve as a vehicle for making this health care obsolete". The bill would have resulted in major new costs to renovate Wellspring to meet ambulatory surgical facility standards, as well as requiring doctors to obtain "medically unnecessary" admitting privileges. Women would also have faced added travel and time-off-work costs to meet the ultrasound requirement.

Abortion is currently legal in Wyoming due to a temporary court injunction, but the state has a "trigger ban" in place that will prohibit most abortions once it is certified by the governor. This law includes exceptions for cases of rape, incest (reported to law enforcement), and serious risk of death or "substantial and irreversible physical impairments" for the pregnant woman.

Abortion is illegal except in cases of rape or incest

Abortion is currently legal in Wyoming due to a temporary court injunction. However, it is important to note that the state has a "trigger ban" in place, which means that abortion will become illegal once the injunction is lifted. Under this trigger ban, abortion is illegal except in cases of rape, incest (reported to law enforcement), or when the pregnant person is at serious risk of death or "substantial and irreversible physical impairments".

The trigger ban, known as HB92, was passed by Wyoming's legislature on March 15, 2022, and was set to take effect five days after the overturn of Roe v. Wade. While abortion is currently still legal in Wyoming due to the injunction, the state has a history of restrictive abortion laws and a declining number of abortion clinics.

The issue of abortion in Wyoming has been highly contested in recent years, with some advocating for abortion rights and protesting restrictive laws, while others have taken violent action against abortion clinics and providers. The state has also seen a decline in the number of abortion clinics, with only one full-service abortion facility remaining as of 2024. This clinic, Wellspring Health Access in Casper, has been the target of legislation aimed at restricting its operations, as well as arson attacks by those opposed to abortion.

While abortion remains legal in Wyoming for now, the future of abortion access in the state is uncertain. The trigger ban, which includes exceptions for cases of rape and incest, is set to take effect as soon as the temporary court injunction is lifted. This could happen at any time, depending on the outcome of the ongoing lawsuit challenging the new laws to ban abortion procedures in Wyoming.

Penalty for unlawful abortion

Abortion in Wyoming is currently legal due to a temporary court injunction. However, Wyoming's legislature passed HB92, a trigger law that would ban abortion beginning five days after the overturn of Roe v. Wade. Under this law, abortion is illegal except in cases of rape, incest (if reported to law enforcement), or if the pregnant woman faces a serious risk of death or "substantial and irreversible physical impairments". The exact penalties for unlawful abortion are not clear, but it is likely that they would be outlined in the state's criminal code.

In the past, Wyoming has had strict abortion laws. In 1950, a state law was passed stating that a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, was guilty of a criminal offense. It is unclear how often this law was enforced. This law was changed in 1997 with the introduction of less-restrictive abortion legislation, but it is not clear what the specific penalties were for unlawful abortion during this time.

In recent years, there have been several attempts to restrict abortion access in Wyoming. In 2013, a fetal heartbeat bill was introduced but failed to pass. In 2017, a mandatory ultrasound law went into effect, but it lacked an enforcement mechanism. In 2019, Wyoming banned abortions after the fetus was viable, which is generally between week 24 and 28. However, these laws were challenged in court, and a judge found that abortion bans violate the state constitution's clause providing for the right of Wyomingites to make their own healthcare decisions.

In 2022, Wyoming's governor, Mark Gordon, signed into law a measure that explicitly banned abortion pills, making Wyoming the first state in the country to do so. This law was also challenged in court and has been put on hold by a judge while lawsuits against it are considered. The outcome of these lawsuits will likely have a significant impact on the penalties for unlawful abortion in Wyoming.

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