 - The Wyoming Supreme Court issued a decision this week ruling that two 2023 laws restricting abortion care in Wyoming are unconstitutional.){kind=link}
(Cheyenne, WY) – The Wyoming Supreme Court issued a decision this week ruling that two 2023 laws restricting abortion care in Wyoming are unconstitutional.
A majority of the justices determined that both laws – the Life is a Human Right Act and the state’s chemical abortion ban – violated the rights of adults in the state to make their own healthcare decisions, as outlined in Article 1, Section 38 of the Wyoming Constitution, according to a summary of the decision.
A majority of the justices also decided to apply the “strict scrutiny” test to the case, requiring the state to prove that “the 2023 abortion laws were written as narrowly as possible to achieve the state’s interest in protecting prenatal life – that the abortion laws were the least burdensome way the state could achieve that goal without unjustifiably restricting a woman’s constitutional right to decide whether to terminate or continue a pregnancy,” the summary states.
“The majority determined the state did not present enough evidence to show the restrictions (and exceptions) on performing abortions and the ban on medications (and exceptions) are no more restrictive than necessary to serve the state’s interest in protecting prenatal life,” the summary states. “Therefore, the majority held that those laws are unconstitutional. …
“But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Constitutional amendment
In a press release this week, Wyoming Gov. Mark Gordon noted that he previously “urged the Legislature to take this important moral issue before the people of Wyoming to make the final decision and overcome any potential constitutional concerns.”
“This straightforward and constitutionally-sound path allows the voters to decide for themselves whether abortion should be illegal,” Gordon said. “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. I call on the legislature to pass and place a clear constitutional amendment on my desk during the upcoming Budget Session.”
Gordon also asked the Wyoming Attorney General’s Office to seek a rehearing in the case, according to his press release.
The release said the AG’s office agreed and will file the petition within the 15 days allowed.
‘Deep disappointment’
Both Gordon and Wyoming Secretary of State Chuck Gray expressed “deep disappointment” about this week’s decision.
“This ruling is profoundly unfortunate and sadly only serves to prolong the ultimate and proper resolution of this issue,” Gordon said. “This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. …
“I remain committed to the mission of saving our unborn. Every year that we delay the proper resolution of this issue results in more deaths of unborn children. This is a dilemma of enormous moral and social consequence.”
Gray also issued a statement in response to the ruling this week, calling it “a leftwing activist decision totally out of touch with the Wyoming Constitution.”
“Somehow, the court took a provision of the Constitution passed to stop Obamacare and reengineered it for their liberal goals to tragically codify abortion,” Gray said. “Make no mistake: the Wyoming Supreme Court’s decision does not represent Wyoming’s values. The law that the Supreme Court just struck down was passed by the legislature elected by the people of Wyoming, while the court who struck down the law with their left-wing activist decision was all appointed.”
Gray said he tried to intervene in the lawsuit in 2023 in order to “defend Wyoming’s common-sense pro-life laws,” which he felt “were not receiving a vigorous defense by the governor’s appointed attorney general.”
“Unfortunately, the court would not allow these interventions to defend the law,” Gray said, pledging to “keep defending Wyoming’s pro-life values and the truth.”
‘Pro-life ruling’
The Wyoming Democratic Party released a statement about the Supreme Court ruling this week, too, applauding the “pro-life ruling affirming women’s right to make their own healthcare decisions.”
“Abortion is healthcare, and the truth is, abortion bans don’t save lives – they kill women and infants,” the press release states. “In states that ban abortion, women are nearly twice as likely to die during pregnancy, childbirth, or shortly after, and infant mortality rates increase.”
“As happy as we are about today’s decision, it never should have been a question in the first place,” WDP Communications Director Mandy Weaver said. “Women should not have to beg the government for the fundamental human right to make their own healthcare decisions. This ruling is about freedom and safety.”
The WDP attributed this week’s outcome to “the incredible work of activists and healthcare providers who have been fighting this battle for so long.”
“While the Wyoming Freedom Caucus will continue pushing for government ownership of women’s bodies, we will continue fighting to protect the rights, health, and safety of women in Wyoming,” the press release states.