In a significant development regarding Wyoming’s abortion laws, the state has filed for a reversal of a November ruling made by Teton County District Court Judge Melissa Owens.
The judge’s decision, which declared that abortion is a form of “health care,” has prompted legal action from Wyoming Governor Mark Gordon, who appointed Owens to the position.
Governor Gordon is now arguing before the Wyoming Supreme Court that Judge Owens’ ruling should be overturned. The state’s legal team, represented by Special Assistant Attorney General Jay Jerde, submitted a 102-page court filing on Monday. The filing asserts that Judge Owens relied too heavily on the 1973 Roe v. Wade decision, rather than referring to legislative language or the state’s history when making her ruling.
At the heart of the state’s argument is the belief that abortion should not be considered health care. The state’s legal team maintains that the Wyoming Constitution does not guarantee abortion access under the framework of health care autonomy, a stance that contrasts with Judge Owens’ decision.
The case has drawn attention to the ongoing debate in Wyoming over abortion access, particularly as the state’s legislature prepares for its 2025 session. During this session, lawmakers have introduced bills that would impose significant restrictions on abortion services in the state. Among the proposals is HB 0064, which would mandate a medically unnecessary ultrasound 48 hours before any abortion procedure. Another bill, HB 0042, would require abortion clinics to be licensed as ambulatory surgical centers.
These bills have sparked controversy, with critics arguing that they place unnecessary barriers in front of women seeking access to reproductive health services. Supporters of the measures, however, maintain that they are aimed at ensuring patient safety.
Bigfoot99 Radio and Cowboy State Daily contributed to this report.
