JACKSON, Wyo. — Ninth District Court Judge Melissa Owens struck down two pieces of legislation that sought to make abortion illegal in Wyoming on Monday, Nov. 18, the latest action in a long saga concerning the legality of abortion in the Equality State. Owens ruled that the bans violate the state constitution’s assertion that every competent adult should have control over their own health care decisions.
The Wyoming Legislature passed the two abortion bans last year. Both pieces of legislation, HB152 “Life is a Human Right Act” and SF109 “Prohibiting chemical abortions,” were blocked by temporary restraining orders granted by Owens in March of 2023. The case was then sent up to the Wyoming Supreme Court when additional intervenors requested to participate, but their participation was denied, and the case was returned to Owens.
In her judgment on Monday, Owens wrote that the “State has enacted laws that impede the fundamental right to make health care decisions for an entire class of people, pregnant women.” Owens contended that the two acts violated article 1, section 38 of the Wyoming Constitution.
The summary also addresses whether abortion is considered health care.
“Health care involves much more than disease and sickness,” the summary reads. “… The Court finds that the common and ordinary meaning of the word ‘health care’ in the Health Care Amendment unambiguously means professional medical services to individuals whether they are well or unwell. Accordingly, professional medical services providing medication and surgical abortions to pregnant women, whether those pregnant women are physically well or unwell, is unambiguously ‘health care.'”
Later in the document, Owens added, “The Court cannot reconcile how a small group of prenatal cells, such as a zygote, that has only the potential of life, can trump the fundamental right of a living, breathing, pregnant woman to make her own medical decisions.”
Owens also spoke to the bans’ effects on doctors and their patients in the state.
“Extensive medical evidence presented by the Plaintiffs unequivocally establishes that the Life Act and Medication Abortion Ban place the health and safety of pregnant Wyoming women in real and present danger,” the summary reads. “Additionally, the Court finds that the Abortion Statutes will undermine the integrity of the medical profession by hamstringing the ability of physicians to provide evidence-based medicine to their patients when medically indicated.”
Chelsea’s Fund, a nonprofit supporting abortion access in Wyoming and one of the plaintiffs in the case, celebrated the ruling with a post on its website.
“We are grateful that Wyoming women’s personal autonomy, health and safety have been unequivocally recognized, valued and upheld,” the post reads. “This benefits all Wyomingites (and others, too).”
On the other side of the spectrum, the conservative Wyoming Freedom Caucus posted to its Facebook page that its members were disappointed by the news.
“We are sickened by the decision out of Teton County today,” the post reads.
Reproductive rights were a major discussion point at the Women’s March held on Town Square ahead of Election Day. One woman carried a sign listing names of women who have died since the overturning of Roe v. Wade led to treatment delays or lack of care.
On Tuesday, Governor Mark Gordon issued a statement saying he intended to appeal the decision at the state supreme court level.
“Judge Owen’s [sic] ruling is frustrating, still this is just one of the steps in the judicial process,” his statement reads. “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. I have directed the Attorney General to review the opinion and prepare an appeal to the Wyoming Supreme Court. As this litigation is ongoing, I will have no further comment at this time.”
