Wyoming Governor Mark Gordon announced on Tuesday that the state will appeal a recent district court ruling that struck down two abortion bans passed by state lawmakers in 2023, Wyo File reports.
The case, which now heads to the Wyoming Supreme Court, will address whether the bans, which include restrictions on both surgical and medication abortions, are constitutional.
On Monday, District Court Judge Melissa Owens of Teton County ruled that the bans violate a section of the Wyoming Constitution. This provision, added by voters in 2012, enshrines the right of adults to make personal healthcare decisions. Owens’ decision has kept most abortions legal in Wyoming for now, as she ruled that the bans impede this constitutional right.
Governor Gordon, who appointed Judge Owens to the bench in 2021, expressed frustration with the ruling but emphasized that the case was always expected to be appealed.
“Regardless of her decision, it was clear there would be an appeal… I remain committed to defending the constitutionality of this law and the sanctity of life,” Gordon said in a written statement.
The two abortion laws at the center of the case include one that bans most abortions, with exceptions for rape, incest, and saving the life of the mother, and another that prohibits medication abortions. The laws were challenged by a group of women, healthcare providers, and advocacy groups who argued that the bans are unconstitutional.
Judge Owens’ ruling concluded that the bans violate the 2012 amendment, which protects the right of adults to make their own healthcare decisions. In her opinion, Owens found that the bans impede a pregnant woman’s right to make decisions regarding her health care and concluded that the laws fail to meet the requirements for a compelling governmental interest.
The ruling has sparked mixed reactions. Rep. Rachel Rodriguez-Williams, a Republican from Cody and sponsor of the broader of the two abortion bans, criticized Owens’ decision, calling her an “activist judge” who misinterpreted the law. Rodriguez-Williams, who has been vocal in her efforts to protect life, expressed her commitment to continuing the fight against abortion, calling the issue a matter of moral importance.
