A Wyoming judge has blocked a new state law that prohibits abortions beyond the earliest stages of pregnancy, while a legal challenge to the provision proceeds. This marks the first court ruling on abortion legality in Wyoming since the state Supreme Court struck down broader abortion and abortion pill bans in January, determining those laws violated the state constitution.
Court Ruling on New Abortion Restrictions
Natrona County District Judge Dan Forgey issued a temporary restraining order on Friday against the law, which would ban abortion once embryonic cardiac activity can be detected. Forgey wrote that the measure is likely to be overturned on similar grounds as the previous bans. The law was set to take effect soon, but the restraining order halts its enforcement until further court review.
Reactions from Abortion Providers
Wellspring Health Access, Wyoming’s sole abortion clinic, and other challengers of the new law welcomed the ruling. They had previously succeeded in overturning the blanket abortion bans. “For nearly two months, this deeply harmful abortion ban has greatly reduced our ability to provide care to people in Wyoming,” said Julie Burkhart, president of Wellspring Health Access, in a statement.
National Context of Abortion Bans
Currently, 13 states enforce bans on abortion at all stages of pregnancy, with rare exceptions. Four other states—Iowa, Florida, Georgia, and South Carolina—have bans that take effect at approximately six weeks’ gestation or when cardiac activity is detected, often before women realize they are pregnant. Since the U.S. Supreme Court overturned Roe v. Wade in 2022, ending a nationwide right to abortion, legal battles have centered on state constitutional language.
Wyoming’s Legal Landscape
The Wyoming Supreme Court found that recent abortion bans passed by the state Legislature violated a voter-approved 2012 constitutional amendment affirming competent adults' right to make their own healthcare decisions. In response, the Republican-dominated Legislature passed the ban on abortion after detection of embryonic cardiac activity, which Governor Mark Gordon, a Republican, signed into law in March.
Governor Gordon stated on Monday that Wyoming should be able to uphold the latest law by “proving a compelling interest to protect human life.” He also called for lawmakers to pass a state constitutional amendment banning abortion, which would then be put to voters for consideration.
Geoff Mulvihill in Haddonfield, New Jersey, contributed to this report.
