Wyoming Governor seeks rehearing after State Supreme Court strikes down 2023 Abortion Bans
WYOMING (KIFI) — Wyoming Governor Mark Gordon is calling for an immediate rehearing and a constitutional amendment after the state Supreme Court struck down two 2023 abortion bans on Tuesday, Jan. 6. In a 4-1 decision, the high court ruled that the state’s “Life is a Human Right Act” (HB 152) and its ban on chemical abortions (SF 109) violate the Wyoming Constitution.
Summary of the Court's Decision
The ruling hinges on a 2012 constitutional amendment guaranteeing that competent adults have the right to make their own healthcare decisions. Chief Justice Lynne J. Boomgaarden wrote in the majority opinion that the state failed to justify its restrictions on a woman’s right to healthcare, affirming a lower court's 2024 finding that abortion is a healthcare decision.
"Although we recognize 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," wrote Chief Justice Boomgaarden in the opinion.
The ruling ends nearly three years of court battles sparked by a healthcare providers and reproductive rights advocates in response to the strict abortion bans.
Governor Gordon calls for legislative action
Governor Gordon responded swiftly, directing the Wyoming Attorney General’s Office to file a petition for a rehearing within the 15-day legal window, according to reports by Jackson Hole News & Guide.
While acknowledging the legal ruling, Gordon emphasized that the moral debate remains unsettled.
“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," stated Gov. Gordon in a press release.
Governor Gordon is now urging the Wyoming Legislature to draft a clear constitutional amendment during the upcoming session. If passed by the legislature, the amendment would appear on the ballot this fall, allowing Wyoming voters to decide whether to override the court’s interpretation and allow for abortion restrictions.
