Wyoming Supreme Court Rules Abortion May Stay Legal Due To Obamacare Amendment

Key Takeaways:

• Wyoming Supreme Court struck down abortion bans, citing the state constitution’s health care provision.
• Article 1, Section 38 was initially created to counter Obamacare but now serves to protect abortion rights.
• Four justices voted to nullify the bans, with one justice dissenting.
• Governor Mark Gordon called for a new referendum to overturn this decision.
• Wellspring Health Access welcomed the ruling, ensuring continued in-state abortion care.

The Wyoming Supreme Court’s Decision

On January 6, the Supreme Court of Wyoming ruled that legislation banning abortion procedures and abortion medication violated the state’s constitution, specifically Article 1, Section 38. This amendment, added in 2012 in response to the federal Affordable Care Act (“Obamacare”), guarantees that each competent adult “shall have the right to make his or her own health care decisions.”

Citing the Constitutional Amendment

All five justices concluded that a decision about whether to terminate a pregnancy is protected under the constitution’s broad wording, making it a “fundamental right.” In explaining their view, the justices underscored that the referendum’s stipulation on health care choices was binding, even if its original intent was to oppose Obamacare mandates.

Striking Down the Laws

At the heart of the dispute were two measures: the Life is a Human Right Act of 2023, which banned abortion outright, and a companion law that restricted abortion medication. In a 4-1 split, the justices ruled to invalidate both, with Justice Gray as the sole dissenting voice to uphold them.

Governor Gordon’s Response

Shortly after the verdict, Governor Mark Gordon called on the state legislature to propose a new constitutional amendment—one that would explicitly address abortion. “It is time for this issue to go before the people for a vote,” he stated, reflecting a sense that the Court’s interpretation does not align with the conservative majority in Wyoming.

Reaction from Wellspring Health Access

Leading the lawsuit was Wellspring Health Access, a clinic based in Casper, Wyoming, which will now continue to offer abortion services. “Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions,” said President Julie Burkhart, adding that this removes the need for patients to travel to neighboring states for procedures.

Political and Social Context

Wyoming is known for its strong Republican majority and pro-life sentiments. The Supreme Court’s decision lays bare a tension: While the state’s voters once sought autonomy from federal health care legislation, the resulting amendment is now being used to defend abortion rights. Many observers anticipate a renewed public battle, culminating in the referendum that Governor Gordon has initiated.

Awaiting the Next Chapter

For supporters of abortion access, the ruling signals a temporary victory. For opponents, the judicial decision underscores why they believe a fresh constitutional vote is imperative. Whether Wyoming voters will adopt a new amendment to overturn the Court’s interpretation remains an open question, one that may shape the state’s political and social landscape well into the future.