Wyoming judge rules abortion rights protected by state constitution

Published 11/18/2024, 10:54 PM
Updated 11/19/2024, 01:40 PM
© Reuters. The flag of the U.S. state Wyoming is seen in this illustration taken, August 21, 2024. REUTERS/Dado Ruvic/Illustration/File Photo

(Reuters) -A Wyoming judge on Monday blocked the state's strict abortion laws, including its ban on the use of abortion drugs, keeping abortion legal in the state for now.

Teton County District Court Judge Melissa Owens ruled that Wyoming's ban on all abortions, with narrow exceptions for rape, incest and some medical emergencies, and its medication abortion ban violated a part of the state constitution ensuring that a "competent adult shall have the right to make his or her own health care decisions."

Owens wrote that the laws were "not reasonable or necessary to protect the health and general welfare of the people."

Her ruling came in a lawsuit against the state brought by Wellspring Health Access, Wyoming's only abortion clinic, and by doctors and women who said the laws violated their rights.

The ruling is likely to be appealed to the Wyoming Supreme Court, whose judges were all appointed by Republican governors who oppose abortion.

"This is a wonderful day for the citizens of Wyoming - and women everywhere who should have control over their own bodies," Wellspring President Julie Burkhart said in a statement.

The offices of Wyoming Governor Mark Gordon and Attorney General Bridget Hill, both Republicans, did not immediately respond to requests for comment.

© Reuters. The flag of the U.S. state Wyoming is seen in this illustration taken, August 21, 2024. REUTERS/Dado Ruvic/Illustration/File Photo

The broader abortion ban took effect after the U.S. Supreme Court ruled that states could ban abortion in 2022. Wyoming passed the first-of-its-kind ban specifically targeting medication abortion in 2023. Owens had temporarily blocked both laws while she considered the lawsuit.

Medication abortion, in which two drugs -- mifepristone and misoprostol -- are used to induce abortion in the first 10 weeks of pregnancy, accounts for the majority of U.S. abortions. Republican states and anti-abortion groups are seeking to restrict access to mifepristone nationwide in a separate lawsuit.

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