Wyoming
Hostile
Now that the Supreme Court has overturned Roe:
Wyoming argues that the state can enforce its total ban, which is currently enjoined.
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]Wyo. Stat. Ann. § 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). Wyoming planned to begin enforcing its trigger ban in late July 2022.[2]WYO. STAT. ANN. § 35-6-102 (2022). However, the trigger ban is permanently blocked.[3]Johnson v. State, No. 18853 (Wyo. Dist. Ct. of Teton Cnty. Nov. 18, 2024).
Wyoming law generally prohibits abortion at viability.[4]Wyo. Stat. Ann. § 35-6-102 (repealed by Laws 2023, ch. 184, § 5, eff. March 17, 2023). Though this statute was repealed in 2023, the prohibition on abortion at viability remains in effect in … Continue reading In 2023, Wyoming enacted a total medication abortion ban,[5]Wyo. Stat. Ann. § 35-6-120 et seq. which is being challenged in court and is currently blocked from taking effect.[6]Mead Gruver, Judge blocks Wyoming’s 1st-in-the-nation abortion pill ban while court decides lawsuit, AP News (Jun. 22, 2023) … Continue reading In 2025, the state enacted a law that mandated ultrasounds prior to medication abortions.[7]H.B. 64, 68th Leg., Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. § 35-6-201. Wyoming limits public funding for abortion.[8]Wyo. Stat. Ann. § 35-6-138; Wyo. Rules & Regul. 048.0037.26 § 5(a)(x); Wyo. Stat. Ann. § 21-16-1801. Wyoming law generally requires that a parent or legal guardian be notified prior to a minor’s abortion and consent to it.[9]Wyo. Stat. Ann. § 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 Though this statute was repealed in 2023 following H.B. 152, the state Supreme Court decision in Johnson et al.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. … Continue reading Alternatively, a judge can approve a minor’s petition.[10]Wyo. Stat. Ann. § 35-6-118(a)-(b).
In 2025, Wyoming enacted a targeted regulation of abortion provider (TRAP) law that includes requirements for facilities and admitting privileges. [11]H.B. 42, 68th Leg, Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. § 35-6-201 et. seq. A clinic filed a lawsuit challenging the law, which is pending in a state district court. [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). Wyoming requires abortion providers to submit reports to the state.[13]Wyo. Stat. Ann. § 35-6-107. State law restricts the provision of abortion care to licensed physicians.[14]Id. § 35-6-111. Providers who violate Wyoming’s abortion restrictions may face civil and criminal penalties.[15]See, e.g., WYO. STAT. ANN. §§ 35-6-125, -126, 127.
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]WYO. CONST. ART. VI, § 1; WYO. CONST. ART. I, § 3. 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]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). In 2022, the state enacted a trigger ban, intended to prohibit abortion in almost all situations if ever legally permissible.[18]H.B. 92, 66th Leg., Reg. Sess., (Wyo. 2022) (amending Wyo. Stat. Ann. § 35-6-102). In 2022, the state enacted a trigger ban, intended to prohibit abortion in almost all situations if ever legally permissible. [19]amending Wyo. Stat. Ann. § 35-6-102. The Governor certified the trigger ban on July 22, 2022.[20]@GovernorGordon, Twitter (Jul. 27, 2022, 4:10 PM) https://twitter.com/GovernorGordon/status/1550573931081306112. A state court judge granted a temporary injunction on July 27, 2022, a few hours after the trigger ban took effect.[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) … Continue reading
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.
References
| ↑1 | Wyo. Stat. Ann. § 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. § 35-6-102 (2022). |
| ↑3 | Johnson v. State, No. 18853 (Wyo. Dist. Ct. of Teton Cnty. Nov. 18, 2024). |
| ↑4 | Wyo. Stat. Ann. § 35-6-102 (repealed by Laws 2023, ch. 184, § 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) (“In 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 years” which includes “access to abortion services up until the point of viability or ‘when necessary to preserve the woman from an imminent period that substantially endangers her life or health, according to appropriate medical judgment. Wyo. Stat. § 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) “This Order only holds the parties’ rights in status quo until the case proceeds through Wyoming’s judicial system.”). |
| ↑5 | Wyo. Stat. Ann. § 35-6-120 et seq. |
| ↑6 | Mead Gruver, Judge blocks Wyoming’s 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. § 35-6-201. |
| ↑8 | Wyo. Stat. Ann. § 35-6-138; Wyo. Rules & Regul. 048.0037.26 § 5(a)(x); Wyo. Stat. Ann. § 21-16-1801. |
| ↑9 | Wyo. Stat. Ann. § 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 “the status quo until the merits of a case can be decided” see id. at 15-16. |
| ↑10 | Wyo. Stat. Ann. § 35-6-118(a)-(b). |
| ↑11 | H.B. 42, 68th Leg, Reg. Sess. (Wyo. 2025) to be codified at Wyo. Stat. Ann. § 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. § 35-6-107. |
| ↑14 | Id. § 35-6-111. |
| ↑15 | See, e.g., WYO. STAT. ANN. §§ 35-6-125, -126, 127. |
| ↑16 | WYO. CONST. ART. VI, § 1; WYO. CONST. ART. I, § 3. |
| ↑17 | 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). |
| ↑18 | H.B. 92, 66th Leg., Reg. Sess., (Wyo. 2022) (amending Wyo. Stat. Ann. § 35-6-102). |
| ↑19 | amending Wyo. Stat. Ann. § 35-6-102. |
| ↑20 | @GovernorGordon, Twitter (Jul. 27, 2022, 4:10 PM) https://twitter.com/GovernorGordon/status/1550573931081306112. |
| ↑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. |
