A judge in Teton County ruled on Monday that Wyoming’s two abortion bans are unconstitutional, saying they violate the state constitution. Judge Melissa Owens’ decision keeps most abortions legal, finding that a near-total ban on abortion and a prohibition on abortion medications passed in 2023 contradict the state’s 2012 constitutional amendment that protects individuals’ rights to make their own healthcare decisions.
The ruling came after a group of women, healthcare providers, and an advocacy group challenged the bans. Owens focused on the constitutional amendment related to healthcare autonomy, arguing that the state cannot take away a woman’s right to make decisions about her own health during pregnancy. The state’s defense, claiming that abortion impacts both the woman and fetus, was rejected by Owens.
The case will likely be appealed to the Wyoming Supreme Court. In the meantime, two clinics in the state continue to offer abortion services. The decision sparked immediate reactions from lawmakers, with some praising it as a win for reproductive rights, while others criticized it as a failure of the judicial system and vowed to pursue an appeal.
The ruling also references a 2012 amendment that was passed by a majority of Wyoming voters, which protects the right of adults to make their own healthcare decisions. Despite the amendment’s intent to protect healthcare choices, the state’s abortion bans had been challenged on the grounds that they violated this provision.
The state had passed a trigger law banning abortion before the U.S. Supreme Court’s decision to overturn Roe v. Wade. Other abortion bans followed, but Owens put them on hold while considering their constitutionality. Some lawmakers are expected to push for new restrictions despite the ongoing legal battle.
Public opinion on abortion in Wyoming remains divided, with a significant portion of residents supporting some form of access to abortion.