Judge Campbell has preliminarily enjoined both the surgical abortion facilities requirements and the ultrasound/48 hour waiting period requirements for medication abortion. See Order. 

Citing Judge Owens’ ruling that the health care amendment of the Wyoming Constitution applied, he Court relied on the “health care amendment” of the Wyoming Constitution. He found that the State’s assertion for the need of the surgical facilities requirements, including the admitting privileges, were without evidence. The State “fail[ed] to link the ASC requirements to women’s safety and general welfare.”  He likewise found no basis for the ultrasound requirement, noting  also that “a period of reflection…serves no legitimate purpose.”

This means that for now, abortion can be provided in Wyoming as it previously was. The case will continue to be litigated, but for now those provisions are enjoined. We still await the Wyoming Supreme Court’s ruling on the constitutionality of the abortion bans following oral arguments at the Court on April 16.

On April 8, 2025, we will finally get a hearing on our motion for preliminary injunction to stop enforcement of the two laws passed this legislature to make getting an abortion in Wyoming more difficult. One law requires an ultrasound and 48 hour delay prior to getting a medication abortion. The other law sets onerous and unnecessary standards for a facility providing “surgical” abortions. Studies have shown doctors accurately assess whether an ultrasound is necessary; requiring one for every person provides no better, safer outcomes and merely establishes financial and logistical barriers. Likewise, a 48 hour delay is demeaning to the person seeking abortion care. They do not need government telling them to take a “time out” before deciding to have an abortion. The surgical facilities requirements set up excessive requirements that offices of private doctors do not need to meet when doing other equally or even more invasive procedures such as vasectomies and hysteroscopies.

Although Wellspring Health Access is temporarily not providing abortions as HB 42 has taken effect and we await a court hearing, medication abortion is still legal and available in Wyoming. Just The Pill continues to provide Telehealth medication abortion. We believe St. John’s Family Practice in Jackson continues to provide. Medication abortion also remains fully available from reliable online providers like Abuzz, The MAP, and Aid Access, easily found at plancpills.org. Call/text us at 307-438-9272 for help accessing medication or procedural abortion.

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.

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.

Read more about the Abortion Ban Litigation in Wyoming here.