Jan. 6 (UPI) — The Wyoming Supreme Court ruled Tuesday that two laws banning abortion in the state are unconstitutional because they conflict with a 2012 law.
In a 4-1 decision, the court said the bans conflict with a 2012 amendment that protects people’s right to make their own healthcare decisions, which was originally passed as a rebuke to former President Barack Obama‘s Affordable Care Act.
“A woman has a fundamental right to make her own health care decisions, including the decision to have an abortion,” the decision said.
“The State did not meet its burden of demonstrating the Abortion Laws further the compelling interest of protecting unborn life without unduly infringing upon the woman’s fundamental right to make her own health care decisions. As such, the Abortion Laws do not constitute reasonable and necessary restrictions on a pregnant woman’s right to make her own health care decisions.”
While Wyoming is a Republican stronghold, the state has a long history of skepticism toward government involvement with personal and medical decisions, according to WyoFile. Lawmakers created a trigger law in 2022 that would immediately make abortion illegal when Roe vs. Wade was overturned. It was blocked by a lawsuit.
In 2023, lawmakers passed two new laws that ban abortion in the state. One banned abortion except in rape or incest cases. The other banned medication abortion.
In November 2024, Judge Melissa Owens ruled that the laws were unconstitutional. The state appealed the ruling to the state’s supreme court, which ruled on Tuesday.
“This ruling is a victory for the fundamental right of people across Wyoming to make decisions about their own lives and health,” said Julie Burkhart, president of Wellspring Health Access in Casper, in a statement. “Our clinic will remain open and ready to provide compassionate reproductive health care, including abortion, and our patients in Wyoming will be able to obtain this care without having to travel out of state.”
Wellspring Health Access is the only facility in Wyoming that provides abortions.
“The court recognized it cannot add words to the Wyoming Constitution, that’s not its job,” the ruling said. “But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Gov. Mark Gordon, a Republican, called on the state’s legislature to do just that.
“It is time for this issue to go before the people for a vote, and I believe it should go before them this fall. A constitutional amendment taken to the people of Wyoming would trump any and all judicial decisions,” Gordon said in a statement.
