WYOMING — Abortion will remain legal in the Equality State following the Wyoming Supreme Court’s Tuesday decision that a pair of abortion bans violate the state’s constitution.
The yearslong Johnson v. Wyoming saga centered on two pieces of 2023 legislation: HB152 “Life is a Human Right Act” and SF109 “Prohibiting chemical abortions,” which were struck down by Ninth District Court Judge Melissa Owens in November 2024. Pivotal to the debate was determining whether abortion qualifies as health care, particularly as it pertains to article 1, section 38 of the Wyoming Constitution, “Right of health care access.”
“Four justices (Boomgaarden, Fox, Jarosh, and Fenn) voted to strike down the 2023 abortion laws,” the court’s ruling reads. “Justice Gray voted to uphold the laws. In a footnote, the majority highlighted the State’s argument that the language of Article 1, Section 38 was only meant to deal with Obamacare concerns, not abortion choices. The Court recognized it cannot add words to the Wyoming Constitution, that’s not its job. But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.”
Wyoming Gov. Mark Gordon expressed his disappointment at the outcome in a Tuesday morning statement, and echoed the court’s suggestion that the issue could be addressed in a constitutional amendment.
“This ruling is profoundly unfortunate and sadly only serves to prolong the ultimate and proper resolution of this issue,” Gordon stated. “This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote, and I believe it should go before them this fall.”
“A constitutional amendment taken to the people of Wyoming would trump any and all judicial decisions,” Gordon continued. “I call on the legislature to pass and place a clear constitutional amendment on my desk during the upcoming Budget Session. I remain committed to the mission of saving our unborn. Every year that we delay the proper resolution of this issue results in more deaths of unborn children. This is a dilemma of enormous moral and social consequence.”
If the chemical abortion ban had been upheld, it would have made Wyoming the only state to explicitly ban abortion pills, according to the Associated Press.
“Today’s ruling affirms what we have always known: that abortion is essential health care, and Wyoming women have the constitutional right and the freedom to make their own health care decisions without government interference,” reads a statement by Chelsea’s Fund, one of the plaintiffs in the case. “This decision supports our vision to realize a time when abortion is safe, legal, accessible and recognized as health care for the people of Wyoming.”
