Abortion to stay legal in Wyoming, court strikes down nation’s first abortion pill ban

Wyoming's Supreme Court has upheld the legality of abortion in the state, striking down two legislative bans that a majority of justices ruled violated the state's constitution.

The decision, delivered on Tuesday, means that abortion services will continue to be available.

The invalidated laws were enacted in 2023 following the US Supreme Court's 2022 decision to overturn the constitutional right to abortion. One piece of legislation, the "Life is a Human Right Act," sought to prohibit abortions with only limited exceptions for rape or incest.

A separate law aimed to criminalise the prescription or dispensing of medication used to terminate a pregnancy.

A coalition of women and medical professionals launched a legal challenge against the predominantly rural and conservative Western US state. A lower court had initially blocked the implementation of these laws. The Supreme Court's 4-1 majority agreed with the plaintiffs, concluding that the bans contravened a 2012 amendment to the Wyoming Constitution, which guarantees every "competent adult" the right "to make his or her own health care decisions."

Chief Justice Lynne J. Boomgaarden articulated the court's reasoning in the majority opinion: "Although we recognise the State's interest in protecting the life that an abortion would end, we conclude the State did not meet its burden of justifying the abortion statutes' restrictions on a woman's right to make her own health care decisions, as is expressly protected by the Wyoming Constitution."

Wyoming Governor Mark Gordon, a Republican who opposes abortion, expressed his disappointment, calling the ruling "profoundly unfortunate" in a statement. He added: "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. This is a dilemma of enormous moral and social consequence." Governor Gordon urged the state legislature to pursue a new constitutional amendment to permit abortion prohibitions.

Nationally, since the 2022 US Supreme Court ruling, 13 states have implemented outright abortion bans, while another 18, including Wyoming, have significantly restricted access, according to the Center for Reproductive Rights. Chelsea's Fund, a non-profit involved in the lawsuit, welcomed the decision, stating it ensures "neighbours, community members and families keep the freedom to make their own reproductive healthcare decisions."