Judge strikes down Wyoming abortion laws, including an explicit ban on pills to end pregnancy

A state judge in Wyoming has struck down the state’s ban on abortion, as well as its unprecedented ban on medication used to end pregnancies. The ruling, issued on Monday by Teton County District Judge Melissa Owens, is a significant victory for abortion rights advocates. Owens had previously blocked these laws three times since 2022 while they were being contested in court.

The ruling centers around two laws that were challenged by four women, including two obstetricians, and two nonprofit organizations. One law, according to Owens, violated women’s rights under Wyoming’s state constitution by banning abortion except in cases where a woman’s life is at risk or in instances of rape or incest. The second law, which was the first of its kind in the nation, explicitly prohibited the use of abortion pills. While other states have implemented de facto bans on medication abortion by broadly restricting abortion access, Wyoming’s law uniquely targeted the pills specifically.

The lawsuit was filed by a coalition of women and organizations, including Wellspring Health Access, which opened Wyoming’s first full-service abortion clinic in April 2023. This clinic had been established after an arson attack in 2022 destroyed a previous facility, making its launch a significant step for abortion access in the state. Julie Burkhart, president of Wellspring Health Access, expressed her gratitude for the ruling, calling it a “wonderful day for the citizens of Wyoming—and women everywhere who should have control over their own bodies.”

This legal victory for abortion rights comes on the heels of other successes for reproductive rights advocates in November elections. Voters in Missouri passed measures to undo one of the nation’s most restrictive abortion bans, while states like Florida, Nebraska, and South Dakota defeated similar constitutional amendments, leaving existing bans in place. Abortion rights amendments also passed in Arizona, Colorado, Maryland, and Montana. In Nevada, voters approved an amendment, but it will need to pass again in 2026 before it takes effect. Additionally, a measure to prevent discrimination based on “pregnancy outcomes” was approved in New York.

The shift in the abortion landscape began in 2022 when the U.S. Supreme Court overturned Roe v. Wade, ending the federal right to abortion and paving the way for states to implement bans and restrictions. Since then, 13 states have enacted total abortion bans with limited exceptions, and four states have implemented six-week bans, often before women even realize they are pregnant. These bans have led to numerous lawsuits challenging their legality.

Courts have intervened in some of these cases, blocking certain restrictions. For instance, the bans in Utah and Wyoming were blocked, while in Georgia and North Dakota, courts struck down similar measures in September, though Georgia’s Supreme Court later ruled that its ban could be enforced while the case is under review.

In the Wyoming case, the plaintiffs argued that the bans would harm their health, livelihoods, and well-being. They also contended that the laws violated a 2012 state constitutional amendment that guarantees Wyoming residents the right to make their own health care decisions. The state’s attorneys countered by asserting that health care, under the amendment, did not include abortion.

Judge Owens sided with the plaintiffs, ruling that the abortion bans violated the state constitution. She found that the restrictions would “undermine the integrity of the medical profession by hamstringing the ability of physicians to provide evidence-based medicine to their patients.” Owens also ruled that the bans impede women’s fundamental right to make healthcare decisions regarding their pregnancies. This decision reinforced the 2012 constitutional amendment, which was passed by Wyoming voters to prevent government interference in personal health decisions.

Governor Mark Gordon, who signed the laws into effect in 2022 and 2023, did not immediately respond to requests for comment following the ruling. Both sides in the case had hoped for a resolution before a scheduled spring trial, and Owens’ ruling rendered the trial unnecessary.

This decision marks another chapter in the ongoing legal battle over abortion rights in the wake of Roe v. Wade’s reversal. As states continue to pass and enforce restrictive abortion laws, the legal landscape remains in flux. Wyoming’s ruling may set a precedent for other states with similar laws and could inspire further challenges to abortion restrictions across the country.

As the legal battles continue, advocates for reproductive rights are celebrating this ruling as a critical step toward ensuring that women maintain control over their reproductive health and access to necessary medical services. The ruling also emphasizes the role of state constitutions in protecting individual rights, offering hope to those in states where abortion access is under attack.