On November 18, 2024, Teton County District Court Judge Melissa Owens issued her order finding both the overall criminal abortion ban (“Life is a Human Right Act”) and the medication abortion ban unconstitutional as violating Wyoming Constitution, article 1, section 38 which provides all individuals with the fundamental right to their own personal autonomy when making medical decisions.
In her 35 page order, Judge Owens ruled as follows:
Abortion is essential health care for pregnant women.
Abortion decisions are a pregnant woman’s decision. No other person can make that decision for a competent pregnant woman.
A zygote cannot trump the fundamental right of a living, breathing pregnant woman to make her own medical decisions.
The abortion bans place the health and safety of pregnant Wyoming women in real and present danger.
It is unethical and inhumane to force a woman to carry to term a fetus with lethal fetal anomalies.
We are grateful that Wyoming women’s personal autonomy, health and safety have been unequivocally recognized, valued and upheld. This benefits all Wyomingites (and others, too).
Today, abortion remains legal in Wyoming. We will do everything in our power to uphold this ruling in the Wyoming Supreme Court. Our principles of care and justice in Wyoming demand it.
/wp-content/uploads/2023/08/ChelseasFund-DarkBlue.png00Christine Lichtenfels/wp-content/uploads/2023/08/ChelseasFund-DarkBlue.pngChristine Lichtenfels2024-11-19 08:25:422024-11-19 12:57:02District Court: Abortion is health care; bans are unconstitutional
Teton County District Court Judge Melissa Owens entered her order finding the overall criminal abortion ban and the medication abortion ban unconstitutional. Read the order here.
Importantly, in her 35 page opinion, she found that “[O]nly a pregnant woman can make a decision to have an abortion. No other person can make that decision for a competent pregnant woman.”
The Health Care Amendment cannot be interpreted any other way. “The Health Care Amendment does not include the caveat that it only applies to health care decisions ‘that do not affect others’ or that it applies to medical decisions ‘as long as those medical decisions do not involve abortions.”
Undoubtedly, the State will promptly appeal this ruling to the Wyoming Supreme Court. We will defend Judge Owens’ thorough, sound opinion to the full extent.
Thank you for having stood behind us as we defend Wyoming’s Constitution and reproductive freedom in Wyoming!
The Wyoming Supreme Court again declined to decide the constitutional questions Judge Owens of the Teton County District Court certified to it. Instead, it strongly encouraged Judge Owens to rule on the pending summary judgment motions. We now await Judge Owens’ ruling on those motions.
Background Since the United States Supreme Court overturned Roe v Wade in June of 2022, Chelsea’s Fund has been in litigation to uphold the right to access abortion care in Wyoming. In July of 2022, we filed suit to stop the Wyoming abortion ban from taking effect on July 27th. In response, the District Court granted a preliminary injunction blocking Wyoming’s abortion ban from going into effect until the court could render a decision. In November of 2022, at the State’s request, the District Court referred the case to the Wyoming Supreme Court for decision. In December of 2022, the Wyoming Supreme Court declined to hear the case until further development of the facts.
In March of 2023, the Wyoming legislature passed a new statewide abortion ban that repeals and replaces the ban our existing lawsuit contested. Governor Gordon allowed this new ban, and a second outlawing medication aboriton, to pass into law on March 18th, 2023. This ban again sought to make abortion illegal in Wyoming. In response, we filed a new lawsuit to overturn this ban, as well as a request for a temporary restraining order (TRO) blocking the ban until the court can rule on our case. On March 22nd, 2023, our TRO request was granted, allowing abortion to remain legal in Wyoming until the court renders a contrary decision. In June, 2023, the court also granted a TRO for the medication abortion ban that was set to go into effect on July 1, 2023.
We currently await a decision by the District Court on cross-motions for summary judgment on our claims of the bans’ unconstitutionality. Undoubtedly, the losing side will appeal to the Wyoming Supreme Court for a final decision on the abortion bans.
Below are the pleadings in both the July 2022 and the March 2023 cases.
/wp-content/uploads/2023/08/ChelseasFund-DarkBlue.png00chelseasfund/wp-content/uploads/2023/08/ChelseasFund-DarkBlue.pngchelseasfund2024-04-09 16:14:032024-04-19 16:30:33Wyoming Supreme Court rejects abortion ban constitutionality questions — for now
District Court: Abortion is health care; bans are unconstitutional
/in Abortion Ban LitigationOn November 18, 2024, Teton County District Court Judge Melissa Owens issued her order finding both the overall criminal abortion ban (“Life is a Human Right Act”) and the medication abortion ban unconstitutional as violating Wyoming Constitution, article 1, section 38 which provides all individuals with the fundamental right to their own personal autonomy when making medical decisions.
In her 35 page order, Judge Owens ruled as follows:
We are grateful that Wyoming women’s personal autonomy, health and safety have been unequivocally recognized, valued and upheld. This benefits all Wyomingites (and others, too).
Today, abortion remains legal in Wyoming. We will do everything in our power to uphold this ruling in the Wyoming Supreme Court. Our principles of care and justice in Wyoming demand it.
Judge Owens Rules Abortion Bans Unconstitutional
/in Abortion Ban LitigationTeton County District Court Judge Melissa Owens entered her order finding the overall criminal abortion ban and the medication abortion ban unconstitutional. Read the order here.
Importantly, in her 35 page opinion, she found that “[O]nly a pregnant woman can make a decision to have an abortion. No other person can make that decision for a competent pregnant woman.”
The Health Care Amendment cannot be interpreted any other way. “The Health Care Amendment does not include the caveat that it only applies to health care decisions ‘that do not affect others’ or that it applies to medical decisions ‘as long as those medical decisions do not involve abortions.”
Undoubtedly, the State will promptly appeal this ruling to the Wyoming Supreme Court. We will defend Judge Owens’ thorough, sound opinion to the full extent.
Thank you for having stood behind us as we defend Wyoming’s Constitution and reproductive freedom in Wyoming!
Wyoming Supreme Court rejects abortion ban constitutionality questions — for now
/in Abortion Ban LitigationThe Wyoming Supreme Court again declined to decide the constitutional questions Judge Owens of the Teton County District Court certified to it. Instead, it strongly encouraged Judge Owens to rule on the pending summary judgment motions. We now await Judge Owens’ ruling on those motions.
Background Since the United States Supreme Court overturned Roe v Wade in June of 2022, Chelsea’s Fund has been in litigation to uphold the right to access abortion care in Wyoming. In July of 2022, we filed suit to stop the Wyoming abortion ban from taking effect on July 27th. In response, the District Court granted a preliminary injunction blocking Wyoming’s abortion ban from going into effect until the court could render a decision. In November of 2022, at the State’s request, the District Court referred the case to the Wyoming Supreme Court for decision. In December of 2022, the Wyoming Supreme Court declined to hear the case until further development of the facts.
In March of 2023, the Wyoming legislature passed a new statewide abortion ban that repeals and replaces the ban our existing lawsuit contested. Governor Gordon allowed this new ban, and a second outlawing medication aboriton, to pass into law on March 18th, 2023. This ban again sought to make abortion illegal in Wyoming. In response, we filed a new lawsuit to overturn this ban, as well as a request for a temporary restraining order (TRO) blocking the ban until the court can rule on our case. On March 22nd, 2023, our TRO request was granted, allowing abortion to remain legal in Wyoming until the court renders a contrary decision. In June, 2023, the court also granted a TRO for the medication abortion ban that was set to go into effect on July 1, 2023.
We currently await a decision by the District Court on cross-motions for summary judgment on our claims of the bans’ unconstitutionality. Undoubtedly, the losing side will appeal to the Wyoming Supreme Court for a final decision on the abortion bans.
Below are the pleadings in both the July 2022 and the March 2023 cases.
Read more about the Abortion Ban Litigation in Wyoming here.