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State judge strikes down Wyoming abortion laws

State judge strikes down Wyoming abortion laws


State judge strikes down Wyoming abortion laws

CHEYENNE, Wyo. — A state judge on Monday struck down Wyoming's overall ban on abortion and its first-in-the-nation explicit prohibition on the use of medication to end pregnancy.

Since 2022, Teton County District Judge Melissa Owens has ruled consistently three times to block the laws while they were disputed in court.

One Wyoming law that Owens said violated women's rights under the state constitution bans abortion except to protect a pregnant woman's life or in cases involving rape and incest. The other made Wyoming the only state to explicitly ban abortion pills, though other states have instituted de facto bans on the medication by broadly prohibiting abortion.

The laws were challenged by four women, including two obstetricians, and two nonprofit organizations. 

They argued that the bans stood to harm their health, well-being and livelihoods, claims disputed by attorneys for the state. They also argued the bans violated a 2012 state constitutional amendment saying competent Wyoming residents have a right to make their own health care decisions.

As she had done with previous rulings, Owens found merit in both arguments. The abortion bans “will undermine the integrity of the medical profession by hamstringing the ability of physicians to provide evidence-based medicine to their patients,” Owens ruled.

And, according to Owens, the abortion laws impede the fundamental right of women to make health care decisions for an entire class of people — those who are pregnant — in violation of the constitutional amendment.

Attorneys for the state argued that health care, under the amendment, didn’t include abortion. Republican Gov. Mark Gordon, whose administration has defended the laws passed in 2022 and 2023, did not immediately return an email message Monday seeking comment.