In which states is abortion legal? Judge rejects abortion laws in Wyoming, including outright ban on pregnancy-terminating pills

CHEYENNE, Wyo. A judge on Monday struck down Wyoming’s blanket abortion ban and the nation’s first outright ban on the use of drugs to end a pregnancy.

Teton County District Judge Melissa Owens’ decision was consistent with three orders she has issued in the past 2 1/2 years to block legislation while it is being argued in court.

A Wyoming law that Owens said violates women’s rights under the state constitution bans abortion except to protect the life of a pregnant woman or in cases involving rape and incest. The other made Wyoming the only state to explicitly ban abortion pills, although other states have broadly banned abortion, creating de facto bans on the drugs.

The laws were challenged by four women, including two obstetricians, and two nonprofit organizations. One of the groups, Wellspring Health Access, opened as the state’s first full-service abortion clinic in April 2023 following a 2022 arson attack.

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They argued that the bans harmed their health, well-being and livelihood, but state lawyers disputed those claims. The women and nonprofits also argued that the bans violated a 2012 state constitutional amendment stating that competent Wyoming residents have the right to make their own health care decisions. Owens said this claim has merit.

Wyoming voters approved the amendment amid fears of government overreach following passage of the federal Affordable Care Act and its mandate that people have health insurance.

State lawyers argued that health care does not cover abortion under the amendment.

Both sides wanted Owens to decide the case challenging the abortion ban rather than go to trial in the spring. A three-day hearing was previously held before Owens, but with this decision that will not be necessary.

The video in the player above is from an earlier report.