Abortion will remain legal in Wyoming

Most people close to the issue expected the case to end up in front of the Wyoming Supreme Court.
Jackson OB/GYN Dr. Giovannina Anthony, second from left, a plaintiff in a lawsuit challenging Wyoming's new law banning most abortions, hugs her attorney after Ninth District Court Judge Melissa Owens issued a temporary of the law Wednesday, March 22, 2023 in Jackson, Wyoming. (Kathryn Ziesig / Jackson Hole News&Guide)

Abortion will remain legal in Wyoming. Teton County District Court Judge Melissa Owens ruled Mon. Nov. 18 that the two laws passed by the Wyoming legislature to restrict or completely ban abortion in the state violate the Wyoming Constitution, specifically, Article 1, Section 38, which state that every Wyomingite has the right to healthcare access.

The two laws in question are the Life Act and the Medication Abortion Ban. 

In her conclusion, Owens writes that the two laws infringe on the rights of an entire class of people – pregnant women – from having health care access and making decisions for themselves.

Marti Halverson, the president of The Right to Life Wyoming, said she was expecting this decision. She said she believes abortion is not healthcare as written by an amicus brief from four doctors.

“Abortion is not healthcare, and Wyoming Right to Life is looking forward to the appeal to the Wyoming Supreme Court,” said Halverson.

But she wasn’t sure of the timeline of when that would happen. Most people close to the issue expected the case to end up in front of the Wyoming Supreme Court.

“I do not think this is the end of the fight,” said Giovannina Anthony, a plaintiff in the case, who used to provide abortions in Jackson. “I couldn’t be more thrilled that the judge agrees with the arguments that we made, but I am a little hesitant to celebrate too much given our current legislature and the continued efforts of many of the members of the legislature to restrict that right.”

Julie Burkhart, another plaintiff in the case, is the founder and president of the Wellspring Health Access in Casper. It’s the only clinic in the state that provides procedural abortions.

She said this means her clinic will be able to keep providing services.

“This is a great day for bodily autonomy. This is a great day for freedom. And I just couldn’t be more delighted,” said Burkhart.

Besides Wellspring Access, in Wyoming, the only other place that offers medical abortions is in Jackson.

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About Hanna Merzbach

Hanna is KHOL's senior reporter and managing editor. A lot of her work focuses on housing and local politics, but also women's health — and whatever else she finds interesting. You can hear her reporting around the country and region on NPR, Wyoming Public Radio and community radio stations around the west. She hails from Bend, Oregon, where she reported for outlets such as the Atlantic, High Country News and Oregon Public Broadcasting. In her free time, you can find Hanna scaling rock walls or adventuring in the mountains.

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