A Wyoming judge has ruled that two state laws restricting abortion, including a ban on medication abortions, violate the state constitution and cannot be enforced. Judge Melissa Owens of Teton County District Court issued the ruling on November 18, stating that these laws impede the fundamental right of pregnant women to make healthcare decisions.
Owens wrote in her decision, "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."
Wyoming had enacted a near-total abortion ban in March 2023, alongside a preexisting ban activated following the U.S. Supreme Court's Dobbs ruling in 2022, which overturned Roe v. Wade. This recent ruling is Owens' third instance of blocking Wyoming's abortion laws.
The decision was made in response to a lawsuit filed by Wellspring Health Access in Casper—Wyoming's only abortion clinic—and an organization aiding women seeking abortions. The suit also included two OB-GYNs who provide abortions and two women claiming harm from these laws.
Owens' ruling highlighted conflicts with a 2012 constitutional amendment passed by Wyoming as a protest against then-President Barack Obama's Affordable Care Act. This amendment affirms adults' rights to make their own healthcare decisions. Owens noted that while lawmakers did not explicitly define healthcare within this amendment, she found no evidence excluding abortion from its scope.
Governor Mark Gordon expressed frustration over the ruling but acknowledged it as part of the judicial process and indicated plans for an appeal. "I remain committed to defending the constitutionality of this law and the sanctity of life," he stated.
Conversely, the Wyoming Democratic Party praised Owens' decision, stating that it restores women's basic human rights in controlling their bodies. "Judge Owens’ decision affirms what we’ve been saying all along: abortion is healthcare, and women, just like men, are constitutionally guaranteed the right to make their own healthcare decisions," they commented.
The Catholic Church maintains its stance that all human life is sacred from conception to natural death and opposes direct abortion. Following Dobbs' decision, church officials have reiterated support for both mothers and children while advocating for enhanced assistance for those facing poverty or other pressures leading toward abortion.
Kate Scanlon reports nationally for OSV News from Washington. Follow her on X (formerly Twitter) @kgscanlon.