FORT COLLINS, Colo. — Wyoming's Supreme Court has struck down several laws aimed at restricting abortion, including the first explicit ban on abortion pills in the United States, asserting that these measures violate the state constitution. The ruling, delivered on Tuesday, ensures that abortion remains legal in the state.
The court sided with Wellspring Health Access, Wyoming’s only abortion clinic, along with advocacy groups that challenged the bans enacted since the U.S. Supreme Court overturned Roe v. Wade. The plaintiffs argued that these laws infringed upon the rights guaranteed under a 2012 state constitutional amendment, which asserts that competent adults have the right to make their own healthcare decisions.
In its ruling, the Supreme Court stated that while the language of the 2012 amendment does not explicitly reference abortion, it is not the justices' role to modify the state constitution. The justices noted, however, that lawmakers could pursue a constitutional amendment that would more decisively address the issue of abortion rights in Wyoming.
Governor Mark Gordon has expressed dissatisfaction with this ruling, emphasizing the need for a constitutional amendment that would prohibit abortion, and calling on state lawmakers to consider this measure in the upcoming legislative session. He pointed out that the ruling may clarify a legal question but does not reflect the moral views of many Wyoming residents, including himself.
This recent decision comes against a backdrop of increasing legislative efforts in various states to restrict abortion access. Wyoming's stringent laws aimed to limit abortions to situations where a pregnant woman’s life is at risk or in cases of rape or incest. Additionally, the proposed ban on abortion pills would have made Wyoming the first state to implement such a prohibition.
While abortion has remained legal in Wyoming since Teton County District Judge Melissa Owens ruled against these bans in 2024, the landscape could change should the state legislature move to propose an amendment. Discussions about further regulations requiring abortion clinics to be licensed surgical centers and other restrictions are still pending as individual cases proceed through the courts.
