CHEYENNE, Wyo. — A bill aimed at creating a stricter abortion ban in the state passed on its third reading on the House floor and will head to the Senate for consideration.
HB152 passed 46-16, yesterday, Feb. 8 along with an amendment adding a trigger to the bill. “If the trigger ban we passed last year, which is house bill 92, is found to be unconstitutional, then this law will take effect five days thereafter,” said Rep. Barry Crago (R-Buffalo), who brought the amendment forward.
If passed, HB152 would not allow for abortions in the case of incest or rape and harsher punishments would be given to providers who perform abortions.
Wyoming’s current law banning abortions except in cases of rape, incest or if the mother’s life is in jeopardy, has been halted due to an ongoing legal battle that originated with a temporary injunction in Teton County and was eventually sent to the Wyoming Supreme Court, which declined to weigh in.
According to reporting from Jackson Hole News&Guide, a trial date is set for the case for Dec. 12, 2023, in the 9th District Court in Teton County.
During the debate yesterday, Rep. Mike Yin (D-Jackson) said, “I think the fact that we are having yet another trigger discussion based on a bill that also had a trigger in it means that the precedent of putting triggers in bills probably should have never been broken in the first place. Now I worry that we are just going to trigger everything based on unconstitutionality. I guess we get what we ask for Mr. Speaker.”
Rep. Rachael Rodriguez-Williams (R-Cody), who sponsored HB152, voted against the trigger amendment calling it “unfriendly to the pro-life movement” and said she does not believe HB152 will be subject to a preliminary injunction.
The same day, Rodriguez-Williams voted against HB4, which would provide 12 months of postpartum health insurance to uninsured women in Wyoming.
A number of pro-life lawmakers shared concerns that the bill could be found to be unconstitutional but Rodriguez-Williams maintained that HB152 would clear up the issues HB92 faced.
“HB152 is clear, it’s constitutional, it clears up the question that the pro-abortion side has brought up with the previous trigger bill,” Rodriguez-Williams said.
Rep. John Eklund (R-Cheyenne) said, “No matter what we do we are going to be facing the courts, they are going to challenge us on whichever law we pass.”
A few other bills were introduced this legislative session related to abortion. HB117, sponsored by Yin, “died in committee” while Senate File 109, prohibiting chemical abortions, passed on the Senate floor on Jan. 27.
