The Wyoming Senate voted Wednesday to override Governor Mark Gordon’s veto of a bill requiring women to undergo an ultrasound before receiving abortion medication.
The override follows the House’s decision on Tuesday, ensuring that the legislation takes effect immediately.
Governor Gordon vetoed House Bill 64, “Chemical Abortions–Ultrasound Requirement”, earlier in the week, citing concerns about the bill’s invasive nature and the lack of exceptions for victims of rape and incest. The bill mandates that women seeking a medication abortion must first undergo a transvaginal ultrasound and wait 48 hours before proceeding.
Despite the governor’s objections, both chambers of the Wyoming Legislature achieved the two-thirds majority needed to override his veto. The House voted 45-16 in favor of the override on Tuesday, while the Senate followed with a 22-9 vote on Wednesday.
Several lawmakers who initially supported the bill later expressed reservations during the override debate. Some, like Sen. Wendy Schuler (R-Evanston), said they were troubled by the lack of exceptions for victims of sexual assault.
“Having taught for a lot of years, I actually had a couple students in this situation,” Schuler said. “If they had to go through what we’re asking them to do right now and be retraumatized, I would feel really bad about that.”
Supporters of the bill argue that requiring ultrasounds before prescribing abortion medication is necessary for medical safety and ensuring accurate dosage.
Sen. Laura Pearson (R-Kemmerer) defended the bill, saying:
“This bill is about protecting not only the mother but also the child. These abortion drugs are not safe after a certain gestational period.”
However, opponents contend that the bill’s requirements are medically unnecessary and designed to discourage abortion access. Sen. Chris Rothfuss (D-Laramie) argued that the debate surrounding the bill shifted away from women’s health and instead became a way to limit abortion access indirectly.
“This is trying to find an end run,” Rothfuss said. “If it’s legal, then let’s make it difficult, let’s make it painful, let’s make it traumatic.”
Wyoming’s abortion laws remain uncertain due to ongoing litigation. Two previously enacted abortion bans from 2023 are currently tied up in the courts, awaiting a Wyoming Supreme Court decision after a lower court ruled them unconstitutional.
Sen. Barry Crago (R-Buffalo), who voted for the override, warned that the new law could further prolong legal battles.
“If all we’re doing is making it so the court case lasts another two years, we are not doing our job,” Crago said.
Abortion rights advocates have already signaled legal challenges to the new ultrasound requirement. Wellspring Health Access, Wyoming’s only full-service abortion provider, has requested an emergency hearing on the matter.
Wyoming is now among several states that require ultrasounds before an abortion. Ten other states have similar laws, but Wyoming is the first to mandate transvaginal ultrasounds specifically for medication abortions.
Under the law, women themselves will not face penalties for noncompliance, but medical providers who fail to arrange an ultrasound could face fines up to $9,000 and six months in jail.
With Wyoming’s abortion laws facing legal uncertainty, telehealth abortion services remain an option for some residents, with organizations such as Aid Access and Just the Pill providing medication abortion by mail.
CNN, Wyo File, Cowboy State Daily contributed to this report.
