CASPER, Wyo. — A judge in Teton County ruled on Monday that Wyoming’s two abortion bans violate the state constitution.
According to WyoFile, Judge Melissa Owens concluded that a near-total ban that included medical abortions “impede the fundamental right to make health care decisions for an entire class of people, pregnant women.”
The two bans passed in 2023 by the state legislature had been temporarily halted by Judge Owens while the case proceeded. While her decision on Monday blocks the two laws permanently, the state is expected to appeal, according to the New York Times.
The state bans were passed after the U.S. Supreme Court overturned Roe v. Wade. However, a 2012 Wyoming constitutional amendment that was passed in response to the Obama administration’s Affordable Care Act protects individuals’ rights to make their own healthcare decisions.
The state argued that abortion was not a healthcare decision since they claim it affects both the woman and fetus. Judge Owens did not agree with their argument.
“The Defendants have not established a compelling governmental interest to exclude pregnant women from fully realizing the protections afforded by the Wyoming Constitution during the entire term of their pregnancies, nor have the Defendants established that the Abortion Statutes accomplish their interest,” Owens wrote, according to WyoFile. “The Court concludes that the Abortion Statutes suspend a woman’s right to make her own health care decisions during the entire term of a pregnancy and are not reasonable or necessary to protect the health and general welfare of the people.”
“As the Plaintiffs argued, only a pregnant woman can make a decision to have an abortion,” she said in her ruling. “No other person can make that decision for a competent pregnant woman. To adopt Defendants’ argument the Court would have to rewrite the Health Care Amendment.”
Two clinics in Wyoming provide abortions, one located in Jackson and the other in Casper. The Casper clinic was heavily damaged by arson in 2022, which delayed its opening. A 22-year-old woman was sentenced to five years’ imprisonment for the arson attack.
Update: Governor Mark Gordon issued a statement on Tuesday morning regarding the ruling:
“Judge Owen’s ruling is frustrating, still this is just one of the steps in the judicial process. Regardless of her decision, it was clear there would be an appeal. I remain committed to defending the constitutionality of this law and the sanctity of life.
I have directed the Attorney General to review the opinion and prepare an appeal to the Wyoming Supreme Court. As this litigation is ongoing, I will have no further comment at this time.”
