A groundbreaking ruling in Wyoming saw a state judge declare the state’s first-ever law prohibiting the use of abortion pills, along with its restrictive abortion law, as unconstitutional. The judge found that both laws were in violation of the state’s constitution, marking a significant victory for reproductive rights.
Teton County District Court Judge Melissa Owens has issued a permanent injunction on Monday, effectively blocking the “Life is a Human Right Act” and the medical abortion ban recently enacted by Wyoming legislators during the 2023 session. These laws collectively impose restrictions on abortion, allowing only limited exceptions and prohibiting the use of abortion medication.
A group of women, health care professionals, and nonprofit organizations stepped forward to challenge the laws. Among them was Wellspring Health Access, which became Wyoming’s first comprehensive abortion clinic in April 2023 after experiencing an arson attack in 2022. Their argument centered around the potential risks the abortion bans posed to their health, well-being, and livelihoods. They contended that these bans also violated a 2012 state constitutional amendment, which ensured Wyoming residents the right to make their own healthcare decisions.
Judge Owens previously put a temporary halt on the enforcement of the two abortion bans in previous rulings. However, her recent decision on Monday effectively and permanently blocks the implementation of these laws. It is expected that Wyoming will appeal Owens’s ruling.
Owens relied on the rich history of Wyoming in her comprehensive 35-page ruling.
“From its earliest territorial days and at the advent of its statehood, Wyoming set itself apart by committing to the principle that its laws applied equally to both men and women.” Owens wrote.
“Wyoming was designated as a Territory of the United States in 1869 and gained statehood on July 10, 1890,” she continued and reminded, “As the first state in the history of the United States to give women the right to vote and hold office, it quickly became known as the ‘Equality State.’”
Throughout Wyoming’s history, both as a state and as a territory, abortion regulations have consistently included exceptions aimed at safeguarding the health of pregnant women. This commitment to protecting women’s health has been a longstanding practice, with Wyoming often leading the way in providing such exceptions, even when it stood as the sole jurisdiction to do so. Owens highlighted the state’s unwavering dedication to ensuring the well-being of pregnant women throughout its history.
According to Owens, the abortion bans have the potential to hinder physicians’ ability to provide evidence-based medicine to their patients, which in turn undermines the integrity of the medical profession. Additionally, she believes that these bans impede pregnant women’s fundamental right to make healthcare decisions, affecting an entire class of people.
“This is a wonderful day for the citizens of Wyoming — and women everywhere who should have control over their own bodies,” Wellspring Health Access President Julie Burkhart said in a statement .
