Wyoming Supreme Court strikes down state pro-life laws

In a 4-1 decision, the state’s Supreme Court justices on Tuesday ruled that two laws intended to protect unborn babies conflicted with the Wyoming Constitution. The court wrote in its decision that women have a fundamental right to make their own health care decisions. It included among those protected decisions a woman’s choice whether to kill her unborn baby. Only Justice Kari Gray dissented with the court’s move to strike down the 2023 laws. They would have protected babies from abortion in most cases, including by abortion drugs. The state Supreme Court’s decision upholds an earlier ruling by a state district judge.

What are the two laws that were blocked? One law called the Life is a Human Right Act was written to protect unborn babies from abortion in all cases except in cases of rape, incest, and to save the life of the mother. The second law was the first measure in the United States that made it illegal to prescribe, dispense, or use abortion drugs.

Do any pro-life laws remain on the books? A separate law not involved in this decision would require women to have an ultrasound no less than 48 hours before receiving abortion pills. The bill was passed into law last spring after lawmakers overrode Republican Gov. Mark Gordon’s veto. Abortion advocates are challenging that measure and another that requires abortion facilities to be licensed as ambulatory surgical centers in another case. A judge last year temporarily blocked those laws from taking effect.

What have people said about the ruling? Gordon, who signed the two pro-life laws, called the opinion profoundly unfortunate and said the issue of abortion should go before voters. He urged lawmakers to put on the ballot this year a pro-life amendment to the state constitution. Gubernatorial candidate and Republican Sen. Eric Barlow said he respects the court’s decision and also wants the issue of abortion to be addressed by the people.

Dig deeper: Read Elizabeth Russell’s report on the legal battle involving two other Wyoming pro-life laws.