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]H.B. 152, 67th Leg., Reg. Sess. (WY 2023) to be codified at Wyo. Stat. Ann. § 35-6-102 et seq.; Johnson v. State, No. 18853 (Wy. Dist. Ct. of Teton Cnty. Mar. 22, 2023) (order granting motion for … Continue reading Wyoming planned to begin enforcing its trigger ban in late July 2022.^[2]WYO. STAT. ANN. § 35-6-102. However, the trigger ban is permanently blocked.^[3]Johnson v. State, No. 18853 (Wy. Dist. Ct. of Teton Cnty. Nov. 18, 2024). 

Wyoming law generally prohibits abortion at viability.^[4]WYO. STAT. ANN. § 35-6-102. In 2023, Wyoming enacted a total medication abortion ban,^[5]S.F. 109, 67th Leg., Reg. Sess. (WY 2023), to be codified at Wyo. Stat. Ann. §§ 35-6-120, 35-6-101. 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 Pregnant people who seek abortion care must be given the opportunity to view an ultrasound.^[7]Id. § 35-6-119. Wyoming limits public funding for abortion.^[8]Id. § 35-6-117; WYO. ADMIN. CODE 048.0037.26 § 5; 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). Alternatively, a judge can approve a minor’s petition.^[10]Id. § 35-6-118(a)-(b).

Wyoming requires abortion providers to submit reports to the state.^[11]Id. § 35-6-107. State law restricts the provision of abortion care to licensed physicians.^[12]Id. § 35-6-111. Providers who violate Wyoming’s abortion restrictions may face civil and criminal penalties.^[13]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,^[14]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Wyoming repealed its pre-Roe ban in 1977.^[15]WYO.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 §§ 6-77, 6-78, repealed by 1977 Wyo.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.^[16]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. ^[17]amending Wyo. Stat. Ann. § 35-6-102. The Governor certified the trigger ban on July 22, 2022.^[18]@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.^[19]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.