Wyoming state abortion ban struck down as unconstitutional

Nov 19

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Karah Rucker Anchor

By Karah Rucker (Anchor), Roey Hadar (Producer), Jake Larsen (Video Editor)

A judge in Wyoming has ruled that two laws making up the state’s abortion ban violate the state’s constitution. The ruling makes abortion legal in the state for the time being.

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Teton County District Judge Melissa Owens sided with the women and nonprofits who filed a lawsuit against the state over the ban, finding the state failed to define key terms in the law, including what makes a fetus viable.

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Owens grounded her ruling in concerns over women’s rights, writing in part that the state “has enacted laws that impede the fundamental right to make health care decisions for an entire class of people, pregnant women.”

This is the third time Owens has ruled to block a version of the state’s abortion ban. The ruling could be appealed to the Wyoming Supreme Court.

Republican Gov. Mark Gordon’s office did not immediately respond to the ruling but has supported appeals challenging the previous rulings.

With the decision, abortion is currently legal in Wyoming up until the point of fetal viability, which medical professionals generally consider to be about 24 weeks into pregnancy.

Wyoming is the latest state where supporters of abortion rights access have had success. Voters in seven states — Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York — approved ballot measures earlier this month that expanded abortion rights.

Two states, Florida and South Dakota, defeated abortion rights measures. Nebraska, meanwhile, saw voters split on two measures related to abortion rights.

State-level courts have issued rulings recently related to abortion restrictions and bans. Judges in North Dakota and Georgia struck down their respective state bans in September, although the Georgia Supreme Court allowed the Peach State’s ban to remain in effect while the case is heard.

In the U.S., 13 states currently have total abortion bans in effect that resemble the laws blocked in Wyoming. A further 21 states have enshrined abortion rights as state law.

Tags: Abortion, Constitution, Health Care, Supreme Court, Women’s Health, Wyoming

[Karah Rucker]

TETON COUNTY DISTRICT JUDGE MELISSA OWENS SIDED WITH THE WOMEN AND NON-PROFITS WHO BROUGHT THE SUIT, FINDING THE STATE FAILED TO PROPERLY DEFINE THE STATUS OF A FETUS IN ITS BAN.

OWENS FOUND THE LAWS UN-CONSTITUTIONAL BASED ON HOW THEY TREATED THE RIGHTS OF WOMEN, WRITING THAT THE STATE, QUOTE, “HAS ENACTED LAWS THAT IMPEDE THE FUNDAMENTAL RIGHT TO MAKE HEALTH CARE DECISIONS FOR AN ENTIRE CLASS OF PEOPLE, PREGNANT WOMEN.”

THIS IS THE THIRD TIME OWENS HAS RULED TO BLOCK A VERSION OF THE STATE’S ABORTION BAN. THE RULING COULD BE APPEALED TO THE WYOMING SUPREME COURT. REPUBLICAN GOVERNOR MARK GORDON’S OFFICE DIDN’T IMMEDIATELY COMMENT, BUT SUPPORTED APPEALS AGAINST THE PREVIOUS RULINGS.

AS OF RIGHT NOW, ABORTION IS LEGAL UP TO THE POINT OF FETAL VIABILITY, GENERALLY AROUND 24 WEEKS OF PREGNANCY.

IT’S A WIN FOR SUPPORTERS OF ABORTION RIGHTS ACCESS, WHO HAVE HAD A STRING OF RECENT SUCCESSES.

VOTERS IN SEVEN STATES THIS NOVEMBER APPROVED BALLOT MEASURES EXPANDING ABORTION RIGHTS. THREE STATES SAW THOSE MEASURES FALL SHORT, INCLUDING NEBRASKA, WHERE TWO ABORTION RIGHTS MEASURES HAD OPPOSITE RESULTS.

STATE-LEVEL COURTS HAVE BEEN ACTIVE IN HEARING CASES CHALLENGING ABORTION BANS.

A JUDGE IN NORTH DAKOTA STRUCK DOWN THAT STATE’S ABORTION BAN IN SEPTEMBER. A JUDGE IN GEORGIA DID THE SAME WITH *THEIR* BAN, BUT THE STATE SUPREME COURT ALLOWED THE BAN TO STAY IN EFFECT WHILE THEY CONSIDER THE CASE.

13 STATES CURRENTLY HAVE TOTAL ABORTION BANS LIKE THE ONE CURRENTLY BLOCKED IN WYOMING –

WHILE 21 STATES HAVE PASSED LAWS TO ENSHRINE THE RIGHT TO AN ABORTION.

FOR SAN, I’M KARAH RUCKER.

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