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Abortion will remain legal in Wyoming

Two women in black hug as a third woman wipes away a tear in a courtroom.
Kathryn Ziesig
/
Jackson Hole News & Guide
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.

This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state. 

As this is breaking news, we will continue to update this article as we gather more information. 

Nov. 18 6:20 p.m.: The article was updated to include quotes from people involved in the case.

Nov. 19 11:20 a.m.: FINAL UPDATE. This story has been updated to include a quote from the governor and a link to the judge's ruling.

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. Gov. Mark Gordon announced Tuesday morning that he's directed the state's attorney general to prepare an appeal to the Wyoming Supreme Court.

"Judge Owen’s ruling is frustrating, still this is just one of the steps in the judicial process," Gordon wrote in a press release. "I remain committed to defending the constitutionality of this law and the sanctity of life."

Most people close to the issue expected the case to end up in front of the state's 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. The two offices serve patients from around Wyoming, as well as Idaho, South Dakota and other states where access is restricted.

In Idaho this week, a trial resumed over a ban in that state. This all comes after voters recently protected abortion access in Nevada, Arizona, Colorado and Montana.

Abortion has been legal in Wyoming as the Teton County judge was considering this case.

Kamila has worked for public radio stations in California, New York, France and Poland. Originally from New York City, she loves exploring new places. Kamila received her master in journalism from Columbia University. She has won a regional Murrow award for her reporting on mental health and firearm owners. During her time leading the Wyoming Public Media newsroom, reporters have won multiple PMJA, Murrow and Top of the Rockies Excellence in Journalism Awards. In her spare time, she enjoys exploring the surrounding areas with her two pups and husband.
Hanna is the Mountain West News Bureau reporter based in Teton County.