The State of Wyoming has formally appealed to the Wyoming Supreme Court, seeking to overturn a lower court decision that ruled two abortion restrictions unconstitutional.
The appeal, filed Monday by Special Assistant Attorney General Jay Jerde, challenges the interpretation of Article 1, Section 38 of the state constitution, which guarantees residents the right to make their own health care decisions.
The state’s argument contends that the constitutional provision does not apply to abortion decisions.
“Nothing in the history surrounding the ratification of section 38 even remotely suggests that the Wyoming legislature and the voters intended for section 38 to codify the abortion right,” Jerde wrote in the filing.
In 2023, Wyoming lawmakers passed two laws aimed at restricting abortion access—one broadly prohibiting abortion except in cases of sexual assault, incest, or when the mother’s life is at risk, and another banning medication-induced abortions. The statutes have been on hold following legal challenges by a coalition of women, medical professionals, and an abortion clinic, who argue the laws violate constitutional rights.
In November 2023, Teton County District Judge Melissa Owens sided with the plaintiffs, ruling that the health care decision-making provision of the state constitution protected access to abortion. Governor Mark Gordon subsequently announced the state’s intention to appeal the ruling.
The case before the Wyoming Supreme Court is expected to focus on whether the constitutional guarantee for health care decisions includes abortion rights. The provision was originally added to the state constitution in 2012 in response to concerns about federal health care policies under the Affordable Care Act.
Opponents of the abortion bans argue that the language naturally encompasses abortion as part of health care decision-making. Plaintiffs celebrated the Teton County ruling as a step toward protecting reproductive rights in the state.
The state, however, asserts that the provision was never intended to protect abortion access. The appeal argues that Judge Owens’ decision undermined the separation of powers by usurping legislative authority. If the constitutional right does not extend to abortion, the state maintains, then it is within the Legislature’s purview to regulate the procedure.
Lawmakers have continued pursuing additional restrictions on abortion while the case moves through the courts. Recent legislative proposals aim to further define “health care” in a way that excludes elective abortions and to establish a legal definition of when life begins.
Public opinion on the issue remains divided. A 2023 University of Wyoming poll found that 31% of residents supported the Legislature’s current abortion restrictions, while 40% believed abortion should remain a personal choice.
Plaintiffs in the case have 45 days to respond to the state’s filing. After that, the Wyoming Supreme Court may set a date for oral arguments. An attorney for the plaintiffs did not provide a comment on the appeal.
With input from Wyo File and Cowboy State Daily.
