On February 3, the state of Wyoming filed a legal argument with the Wyoming Supreme Court seeking to restrict abortion access within the state, Wyoming Public Media reports.
The move follows a ruling earlier this fall from Teton County District Judge Melissa Owens, who struck down Wyoming’s near-total abortion bans and granted access to abortion services.
In her ruling, Judge Owens argued that abortion is considered healthcare and is thus protected under the Wyoming Constitution, referencing a 2012 constitutional amendment that grants Wyoming residents the right to make their own healthcare decisions. The state attorney contends, however, that this ruling was an error, asserting that elective abortion is not healthcare and does not always serve to protect a woman’s physical condition.
The state’s position also focuses on the argument that the decision regarding abortion should not be solely up to the woman, as it involves the interests of an “unborn baby” — defined by the state as beginning at conception. The state maintains that the legislature holds the authority to regulate abortion laws, not the courts.
While the state’s current abortion laws include exceptions in cases of rape, incest, or fatal risks to the life of the mother, abortion access advocates argue that these exceptions are too limited.
The case, which involves multiple plaintiffs including healthcare professionals and abortion access supporters, is expected to proceed in front of the Wyoming Supreme Court. The plaintiffs have until March 20 to file a response, after which the court will schedule oral arguments. These hearings will be open to the public and livestreamed.
Following the hearing, the justices are expected to rule on the constitutionality of the state’s abortion laws within 120 days. In the meantime, abortion remains legal in Wyoming, although state lawmakers are exploring other avenues to limit access, including more stringent regulations for abortion clinics and requiring ultrasounds prior to obtaining abortion medication.
