After Roe Fell: U.S. Abortion Laws by State

Hostile

Wyoming

Wyoming argues that the state can enforce its total ban, which is currently enjoined.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

Bans Enjoined

  • Gestational Ban, Total Ban
  • Method Ban
  • Pre-Roe Ban
  • Trigger Ban

Restrictions in Effect

  • Mandatory Ultrasound Requirement
  • Parental Involvement, Parental Notification Requirement
  • TRAP requirements: Providers, Reporting Requirement

Restrictions

On March 21, 2023, Wyoming enacted a total abortion ban with an immediate effective date; currently, the law is subject to a preliminary injunction and is not in effect.1 Wyoming planned to begin enforcing its trigger ban in late July 2022.2 However, the trigger ban is permanently blocked.3 

Wyoming law generally prohibits abortion at viability.4 In 2023, Wyoming enacted a total medication abortion ban,5 which is being challenged in court and is currently blocked from taking effect.6 In 2025, the state enacted a law that mandated ultrasounds prior to medication abortions.7 Wyoming limits public funding for abortion.8 Wyoming law generally requires that a parent or legal guardian be notified prior to a minor’s abortion and consent to it.9 Alternatively, a judge can approve a minor’s petition.10

In 2025, Wyoming enacted a targeted regulation of abortion provider (TRAP) law that includes requirements for facilities and admitting privileges.  11 A clinic filed a lawsuit challenging the law, which is pending in a state district court. 12 Wyoming requires abortion providers to submit reports to the state.13 State law restricts the provision of abortion care to licensed physicians.14 Providers who violate Wyoming’s abortion restrictions may face civil and criminal penalties.15

State Protections

Wyoming law does not include express constitutional or statutory protections for abortion. The Wyoming Constitution guarantees equality specifically for women and based on sex,16 but the state supreme court has not ruled on whether it protects abortion rights.

Post-Roe Prohibitions

Wyoming repealed its pre-Roe ban in 1977.17 In 2022, the state enacted a trigger ban, intended to prohibit abortion in almost all situations if ever legally permissible.18 In 2022, the state enacted a trigger ban, intended to prohibit abortion in almost all situations if ever legally permissible. 19 The Governor certified the trigger ban on July 22, 2022.20 A state court judge granted a temporary injunction on July 27, 2022, a few hours after the trigger ban took effect.21

Conclusion

Now that the Supreme Court has overturned Roe, Wyoming argues that the state can enforce its total ban to prohibit abortion entirely. However, the total ban is currently enjoined.

  1. Wyo. Stat. Ann. u00a7 35-6-120 et seq.; Johnson v. State, No. 18853 (Wyo. Dist. Ct. of Teton Cnty. Mar. 22, 2023) (order granting motion for temporary restraining order). ↩︎
  2. WYO. STAT. ANN. u00a7 35-6-102 (2022). ↩︎
  3. Johnson v. State, No. 18853 (Wyo. Dist. Ct. of Teton Cnty. Nov. 18, 2024). ↩︎
  4. Wyo. Stat. Ann. u00a7 35-6-102 (repealed by Laws 2023, ch. 184, u00a7 5, eff. March 17, 2023). Though this statute was repealed in 2023, the prohibition on abortion at viability remains in effect in accordance withthe state Supreme Court decision in Johnson et al. v. State of Wyoming et al., No. 18853 at 16 (Wyo. Dist. Ct. of Teton Cnty. 2023) (u201cIn looking to the last uncontested status between the parties that preceded the controversy, the Court finds and concludes that the status quo in this matter is situated at the point in time where Wyoming women had access to abortion services during the Roe era for a period of forty-five yearsu201d which includes u201caccess to abortion services up until the point of viability or u2018when necessary to preserve the woman from an imminent period that substantially endangers her life or health, according to appropriate medical judgment. Wyo. Stat. u00a7 35-6-102(a) (1977). See also Johnson et al. v. State of Wyoming et al., No. 18853 at 32 (Wyo. Dist. Ct. of Teton Cnty. 2023) u201cThis Order only holds the partiesu2019 rights in status quo until the case proceeds through Wyomingu2019s judicial system.u201d). ↩︎
  5. Wyo. Stat. Ann. u00a7 35-6-120 et seq. ↩︎
  6. Mead Gruver, Judge blocks Wyomingu2019s 1st-in-the-nation abortion pill ban while court decides lawsuit, AP News (Jun. 22, 2023) https://apnews.com/article/wyoming-abortion-pill-ban-lawsuit-429266bcea6bf5ded1b9c9892ee5578b. ↩︎
  7. H.B. 64, 68th Leg., Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. u00a7 35-6-201. ↩︎
  8. Wyo. Stat. Ann. u00a7 35-6-138; Wyo. Rules & Regul. 048.0037.26 u00a7 5(a)(x); Wyo. Stat. Ann. u00a7 21-16-1801. ↩︎
  9. Wyo. Stat. Ann. u00a7 35-6-118(a). Though this statute was repealed in 2023 following H.B. 152, the state Supreme Court decision in Johnson et al. v. State of Wyoming et al., No. 18853 at 32 (Wyo. Dist. Ct. of Teton Cnty. 2023) temporarily enjoined and restrained the state from enforcing H.B. 152. This Temporary Restraining Order further preserved u201cthe status quo until the merits of a case can be decidedu201d see id. at 15-16. ↩︎
  10. Wyo. Stat. Ann. u00a7 35-6-118(a)-(b). ↩︎
  11. H.B. 42, 68th Leg, Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. u00a7 35-6-201 et. seq. ↩︎
  12. Johnson et al. v. State, Case No. ___ (Wyo. Dist. Ct. of Natrona Cnty. Feb 28, 2025) (complaint found at https://chelseasfund.org/wp-content/uploads/2025/02/2025-02-28-COMPLAINT-File-Stamped.pdf). ↩︎
  13. Wyo. Stat. Ann. u00a7 35-6-107. ↩︎
  14. Id. u00a7 35-6-111. ↩︎
  15. See, e.g., WYO. STAT. ANN. u00a7u00a7 35-6-125, -126, 127. ↩︎
  16. WYO. CONST. ART. VI, u00a7 1; WYO. CONST. ART. I, u00a7 3. ↩︎
  17. WYO. STAT. ANN. u00a7u00a7 6-77, 6-78, repealed by 1977 Wyo. Sess. Laws 11, 14; see Doe v. Burk, 513 P.2d 643, 645 (Wyo. 1973). ↩︎
  18. H.B. 92, 66th Leg., Reg. Sess., (Wyo. 2022) (amending Wyo. Stat. Ann. u00a7 35-6-102). ↩︎
  19. amending Wyo. Stat. Ann. u00a7 35-6-102. ↩︎
  20. @GovernorGordon, Twitter (Jul. 27, 2022, 4:10 PM) https://twitter.com/GovernorGordon/status/1550573931081306112.u00a0 ↩︎
  21. Johnson v. State, No. 18732 (Wy. Dist. Ct. of Teton Cnty. Jul. 27, 2022); Mead Gruver, Judge temporarily blocks Wyoming abortion ban, Associated Press (Jul. 27, 2022) https://www.msn.com/en-us/news/us/judge-temporarily-blocks-wyoming-abortion-ban/ar-AA102l8I.u00a0 ↩︎