- Wyoming's Supreme Court struck down an abortion ban and abortion pill ban on Tuesday, citing a 2012 constitutional amendment.
- Only Justice Kari Jo Gray dissented, advocating legislative authority over abortion laws.
- It could set the stage for Utah's abortion law's fate; it is being currently contested, with a procedural hearing set for April.
SALT LAKE CITY — In a 4-1 decision announced Tuesday, Wyoming's Supreme Court struck down the state's near-total abortion ban and abortion pill ban, both of which were tied up in court since 2023, having never gone into effect.
Justices ruled that the enjoined laws violated a 2012 state constitutional amendment, which stated in part, "Each competent adult shall have the right to make his or her own health care decisions."
A women's health clinic, Wellspring Health Access; an abortion access advocacy group, Chelsea's Fund; and four women, including two obstetricians, filed the case, The Associated Press reported.
Now, as before the ruling, abortion is legal in Wyoming up to fetal viability, which is generally around 24-26 weeks.
The lone dissenter says the Legislature should decide abortion laws
Though all currently serving justices were appointed by Republican governors, only one Wyoming Supreme Court justice voted against striking down the state Legislature's 2023 abortion bans.
Justice Kari Jo Gray said the Legislature should be allowed to determine whether abortion procedures are "reasonable and necessary."
Gray wrote the state's "Constitution allows the Legislature to establish 'reasonable and necessary' restrictions on the right to make health care decisions to protect the safety and general welfare of the people or to accomplish other purposes of the Wyoming Constitution."
"The abortion statutes reflect the Legislature's policy choice of preserving prenatal life at all stages of development, but recognize exceptions in a variety of circumstances," she added. Therefore, "they constitute a reasonable and necessary restriction."
Does Wyoming's Supreme Court foreshadow abortion's fate in Utah?
In the event that Roe v. Wade was overturned federally, Utah's state Legislature passed a trigger bill, which allowed abortions only in the case of rape, incest, substantial impairment of the mother's health, or if the baby had a lethal birth defect or severe brain abnormality.
On June 24, 2022, the Supreme Court ruled states should decide their own abortion laws, and Utah's trigger law went into effect.
A day later, Planned Parenthood Association of Utah, along with the American Civil Liberties Union of Utah, filed a lawsuit and claimed the law violated the state's constitution.
So on Monday, June 27, District Court Judge Andrew Stone granted a temporary restraining order to block the law for two weeks. In those two weeks, Stone issued a preliminary injunction, which the state's Supreme Court upheld.
Currently, abortion is still legal up until 18 weeks of pregnancy in Utah, and the case's first procedural hearing is scheduled for April 2026.
