Abortions in all but earliest weeks now illegal in Wyoming, as new court battle brews

Gov. Mark Gordon signed into law Monday a measure that bans abortions in Wyoming in all but the earliest weeks of pregnancy, a move he acknowledged will likely land the state in court once again.

The law bans abortions in the case of a “detectable fetal heartbeat,” which can be detected as early as six weeks—often before women know they’re pregnant. Gordon, who affirmed his “pro-life” commitment in a signing letter, predicted the new law will likely end “in the all too familiar and unfortunate territory of pro-life litigation.”

That’s an apparent reference to a multi-year court fight over a pair of 2023 abortion bans that ended in January when the Wyoming Supreme Court ruled them unconstitutional, finding that a 2012 state constitutional amendment protects people’s rights to make their own health care decisions.

Gordon noted that lawmakers declined to bring forward a constitutional amendment to address the court’s ruling, instead advancing the Human Heartbeat Act. “Those efforts were shot down in favor of this sole remaining and flawed Act,” he wrote. “Regrettably, this Act represents another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy.”

The governor also criticized the law’s lack of exceptions for rape or incest, calling it “an unfortunate flaw.”

Julie Burkhart, president of Wellspring Health Access—Casper’s sole clinic offering procedural abortions—said she’s prepared for another court battle. The ban, she said, infringes on Wyomingites’ “constitutional freedom to make their own health care decisions.”

“We are prepared to challenge this ban in court and fight to protect reproductive rights, health and freedom in Wyoming,” Burkhart said.

The law requires health care providers to determine if a fetus has a detectable heartbeat before terminating a pregnancy, except in medical emergencies. Violations are a felony punishable by up to five years in prison, a $10,000 fine, and loss of professional license.

Physicians note that “fetal heartbeat” is a misnomer at six weeks, as an embryo hasn’t developed cardiac valves at that stage. Early detection could involve an invasive transvaginal ultrasound—a procedure Gordon vetoed last year, calling it invasive. The Legislature overrode that veto, and that law is currently on hold pending a court challenge.

House Speaker Chip Neiman, R-Hulett, who sponsored the Human Heartbeat Act, pitched it as a way to “provide protection for life” while working within the constraints of the court’s decision. Critics argue it’s simply another abortion ban by a different name.