Wyoming Supreme Court Invalidates State’s Abortion Restrictions in Landmark Ruling
CHEYENNE, Wyo. — In a decisive 4-1 ruling on Tuesday, the Wyoming Supreme Court struck down two state laws restricting abortion access, including the nation’s first explicit ban on abortion pills. The court’s decision sided with the state’s only abortion clinic and reproductive rights advocates, declaring the laws in violation of the Wyoming Constitution. This ruling comes in the wake of the 2022 U.S. Supreme Court decision overturning Roe v. Wade, which returned authority over abortion legislation to individual states.
The case was brought by Wellspring Health Access, the sole abortion provider in Wyoming, alongside the advocacy group Chelsea’s Fund and four women, including two obstetricians. They argued that the restrictive laws infringed upon a 2012 state constitutional amendment guaranteeing competent adults the right to make their own health care decisions. This amendment was originally passed in response to the federal Affordable Care Act, also known as Obamacare, to protect personal health care autonomy.
Despite Wyoming’s reputation as one of the most conservative states in the nation, the justices—each appointed by Republican governors—upheld every lower court ruling that found the abortion bans unconstitutional. The court noted that while the amendment was not explicitly written to address abortion, it protects the broader principle of health care decision-making. The justices emphasized that it is not their role to “add words” to the constitution but suggested that lawmakers could pursue a new amendment to clearly address abortion if desired.
Julie Burkhart, president of Wellspring Health Access, praised the ruling, stating that it affirms abortion as “essential health care” that should not be subject to government interference. Burkhart confirmed that the clinic will remain open to provide compassionate reproductive services, including abortions, ensuring that Wyoming residents will not have to travel out of state for care.
Wellspring Health Access opened in 2023 as Wyoming’s only surgical abortion clinic after a firebombing delayed its construction the previous year. A woman convicted of the attack is currently serving a five-year prison sentence for breaking into the clinic and setting it ablaze with gasoline.
State attorneys had argued that abortion does not constitute health care under Wyoming law, a position rejected by the Supreme Court. Republican Governor Mark Gordon expressed disappointment with the ruling and called on the state legislature to consider a constitutional amendment banning abortion, which could be put to voters in the upcoming fall election. Such an amendment would require a two-thirds legislative vote to be introduced during the brief legislative session primarily focused on the state budget.
This ruling places Wyoming among a small number of states where courts have interpreted constitutional protections to uphold abortion rights despite conservative legislative efforts. The decision is a significant development in the ongoing national debate over reproductive rights following the Supreme Court’s landmark ruling in Dobbs v. Jackson Women’s Health Organization.
For more information on state constitutional amendments and health care rights, see resources from the Wyoming Legislature and the American Civil Liberties Union. The ruling also highlights the evolving landscape of reproductive health care access as documented by the U.S. Department of Health and Human Services.
As the debate continues, Wyoming’s decision underscores the complex intersection of state law, constitutional interpretation, and individual rights in the post-Roe era.
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