District Court: Abortion is health care; bans are unconstitutional

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.