The Supreme Court of Wyoming, on Jan. 6, ruled that two state laws banning the procedure and the availability of abortion medication were unconstitutional.
“All five Wyoming Supreme Court justices agreed that the decision whether to terminate or continue a pregnancy is a woman’s own health care decision protected by Article 1, Section 38,” wrote the court in a summary of its opinion and announcement of the decision.
The court added that “all five justices also concluded that an adult’s right to make his or her own health care decisions is a fundamental right because of the very specific language used,” even though the referendum was passed in response to the Patient Protection and Affordable Care Act, known more commonly as “Obamacare.”
The court, however, split four to one on deciding whether the laws in question could be struck down.
“Four justices (Boomgaarden, Fox, Jarosh, and Fenn) voted to strike down the 2023 abortion laws. Justice Gray voted to uphold the laws,” the court’s summary read.
The court noted that even though Article 1, Section 38 was passed in response to Obamacare, the language of the provision was inflexible, writing, “The Court recognized it cannot add words to the Wyoming Constitution. ... But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Lower courts, when reviewing the case, also struck down the laws.
Wyoming is a heavily conservative state that is dominated by the Republican Party, and pro-life sentiment is widespread. Following the ruling, Governor of Wyoming Mark Gordon called for a referendum to amend the constitution and invalidate the ruling.
The lead plaintiff in the case, Wellspring Health Access in Casper, Wyoming, celebrated the ruling.
