CHEYENNE, Wyo. — The Wyoming Democratic Caucus introduced a new bill this week that would protect Wyomingites’ right to seek an abortion before a fetus becomes viable.
The bill was introduced on Monday, Jan. 22, coinciding with the 51st anniversary of the historic Roe v. Wade decision.
Known as the Reproductive Freedom Act, the bill would establish that “every person has the right to freedom from governmental interference with respect to personal reproductive decisions; every person has the right to choose or refuse birth control; every person has the right to choose or refuse to have an abortion, except as specifically limited by this act; the state shall not deny or interfere with a person’s right to choose or refuse to have an abortion.”
The text of the bill also stipulates that the state could not “interfere with a person’s right to have an abortion: prior to viability of the fetus; or to protect the person’s life or health.” The bill defines viability as a medical professional’s determination that “there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.”
The bill serves as the latest chapter in the legal battle over abortion legality in Wyoming.
Two abortion bans passed by the Wyoming Legislature in March of 2023, HB152 “Life is a Human Right Act” and SF109 “Prohibiting chemical abortions,” were blocked by temporary restraining orders granted by Ninth District Court Judge Melissa Owens last year. In June, Judge Owens filed the trial’s scheduling for April 2024 along with two pretrial conferences.
Lawyers spoke before the Wyoming Supreme Court on Dec. 12 regarding the allowance of intervenors to join the case. Wyoming Representatives Rachel Rodriguez-Williams and Chip Neiman requested to participate in the case along with pro-life advocacy group Right to Life Wyoming. Owens denied the request earlier this year. Owens heard arguments at a 3.5-hour-long pretrial conference on Dec. 14, at the Teton County Courthouse. She could issue a ruling in the coming weeks, or determine that a spring trial is necessary.
Rep. Mike Yin sponsored the bill, and said the bill could put an end to the ongoing litigation.
“We have a current abortion ban on the books, which is unconstitutional,” Yin told the Wyoming Tribune Eagle. “It’s currently working its way through the courts, but this would make the court case moot.”
The bill will be discussed by state lawmakers at the Feb. 12 budget session.
