Hostile
Wyoming
Now that the Supreme Court has overturned Roe, the Wyoming Supreme Court held the total ban unconstitutional. However, on March 9, 2026 the Governor signed a six-week ban into law, which is currently in effect.
State Protections
In 2026, the Wyoming Supreme Court ruled that the 2012 amendment to the Wyoming State Constitution protecting the fundamental right of an individual to make their own healthcare decisions, includes the decision to have an abortion.1 The Court held “a woman has a fundamental right to make her own health care decisions, including the decision to have an abortion.2The Wyoming Constitution guarantees equality specifically for women and based on sex.3
Restrictions
On January 6, 2026, the Wyoming Supreme Court held the 2023 total ban and the total medication abortion ban unconstitutional.4The Court held, “The decision whether to terminate or continue a pregnancy is a health care decision under Article 1, Section 38” of the Wyoming Constitution.5 However, on March 9, 2026 the Governor signed a six-week ban into law which is currently in effect.6
Wyoming generally prohibits abortion at six-weeks LMP.7 In 2025, the state enacted a law that mandated ultrasounds prior to medication abortions;8 however, this law is currently enjoined.9 Wyoming limits public funding for abortion.10 Wyoming law generally requires that a parent or legal guardian be notified prior to a minor’s abortion and consent to it.11 Alternatively, a judge can approve a minor’s petition.12
In 2025, Wyoming enacted a targeted regulation of abortion provider (TRAP) law that includes requirements for facilities and admitting privileges. 13 A clinic filed a lawsuit challenging the law, 14 and a state district court issued a preliminary injunction blocking enforcement of the requirements while the case is being litigated.15 Wyoming requires abortion providers to submit reports to the state.16 State law restricts the provision of abortion care to licensed physicians.17 Providers who violate Wyoming’s abortion restrictions may face civil and criminal penalties.18
Historical Restrictions
Wyoming repealed its pre-Roe ban in 1977.19
Conclusion
Now that the Supreme Court has overturned Roe, the Wyoming Supreme Court held the total abortion ban unconstitutional; nonetheless a six-week ban is currently in effect.
- WYO. CONST. ART. I, § 38. ↩︎
- State v. Johnson, No. S-24-0326 (Wyo. 2026). ↩︎
- Wyo. Const. Art. VI, § 1; Wyo. Const. Art. I, § 3. ↩︎
- State v. Johnson, No. S-24-0326 (Wyo. 2026); Wyo. Stat. Ann. § 35-6-120 et seq., Wyo. Stat. Ann. § 35-6-139. ↩︎
- State v. Johnson, No. S-24-0326 (Wyo. 2026). ↩︎
- H.B. 126, 68th Reg. Leg. Sess. (Wyo. 2026). ↩︎
- H.B. 126, 68th Reg. Leg. Sess. (Wyo. 2026). ↩︎
- H.B. 64, 68th Leg., Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. §§ 35-6-201(b)–(f), -202. ↩︎
- Johnson et al. v. State, Case No. 2025-CV-0115019 (Wyo. Dist. Ct. of Natrona Cnty. Apr. 21, 2025) (accessible at https://www.scribd.com/document/852822600/Natrona-County-District-Court-Judge-Thomas-Campbell-Order-Granting-PI, last accessed Feb. 10, 2026); see also https://www.kff.org/womens-health-policy/litigation-involving-reproductive-health-and-rights-in-the-federal-courts/, last accessed Feb. 10, 2026. ↩︎
- Wyo. Stat. Ann. § 35-6-138; Wyo. Rules & Regul. 048.0037.26 §5(a)(x); Wyo. Stat. Ann § 21-16-1801. ↩︎
- Wyo. Stat. Ann. § 35-6-118(a). This statute was identified for repeal in 2023 as part of H.B. 152. Although the Wyoming Statutes maintained by the Wyoming Legislature indicate this statute was repealed among others included in H.B. 152 (see https://www.wyoleg.gov/stateStatutes/StateStatutes, last accessed Feb. 10, 2026), it remains unclear whether the result of State v. Johnson invalidates all of H.B. 152 or only those specific sections identified as unconstitutional. In the absence of further clarification, the memorandum accompanying the Temporary Restraining Order in State v. Johnson states the status quo to be preserved is that which preceded the controversy between the parties, i.e., “since Wyoming’s Dobbs era began” (see further discussion above in footnote 6). The parental consent statute predates this controversy and was enacted in 1977, similar to Wyoming’s viability ban. ↩︎
- Wyo. Stat. Ann. § 35-6-118(a)–(b). ↩︎
- H.B. 42, 68th Leg, Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. § 35-6-201 et. seq. ↩︎
- Johnson et al. v. State, Case No. 2025-CV-0115019 (Wyo. Dist. Ct. of Natrona Cnty. Feb. 28, 2025); see also https://www.kff.org/womens-health-policy/litigation-involving-reproductive-health-and-rights-in-the-federal-courts/, last accessed Feb. 10, 2026. ↩︎
- Johnson et al. v. State, Case No. 2025-CV-0115019 (Wyo. Dist. Ct. of Natrona Cnty. Apr. 21, 2025) (accessible at https://www.scribd.com/document/852822600/Natrona-County-District-Court-Judge-Thomas-Campbell-Order-Granting-PI, last accessed Feb. 10, 2026). ↩︎
- Wyo. Stat. Ann. § 35-6-107; see also H.B. 42, 68th Leg, Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. § 35-6-202 (currently enjoined consistent with other TRAP laws identified above). ↩︎
- Wyo. Stat. Ann. § 35-6-11 ↩︎
- See, e.g., Wyo. Stat. Ann. § 35-6-202. ↩︎
- Wyo. Stat. Ann. §§ 6-77, 6-78, repealed by 1977 Wyo. Sess. Laws 11, 14; see Doe v. Burk, 513 P.2d 643, 645 (Wyo. 1973). ↩︎
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