Wyoming Supreme Court Upholds Abortion Rights
Written by Black Hot Fire Network Team on January 10, 2026
The Wyoming Supreme Court has upheld abortion access and struck down the state’s two near-total abortion laws. On January 6, justices said the laws violate Wyomingites’ right to make their own healthcare decisions. The battle over abortion rights in the state is far from over, but this closes a chapter.
Background on Wyoming Abortion Laws
In 2023, Wyoming lawmakers passed the Life is a Human Right Act, which banned most abortions. They also passed a “chemical,” or medical, abortion ban, which banned abortion pills in most cases. Both laws have exceptions for sexual assault and incest if it’s reported to law enforcement. They also have exceptions for when abortions are needed in “the physician’s reasonable medical judgment to prevent the death of the pregnant woman” or “to preserve the woman from an imminent peril that substantially endangers her life or health.” The Life as a Human Right Act also made exceptions for lethal fetal anomalies or molar pregnancies, which could both be lethal to the fetus. There’s also exceptions for medical treatment provided to a pregnant woman “that results in the accidental or unintentional injury to, or the death of, an unborn baby.” One study from the Kaiser Family Foundation found laws like this don’t always account for all situations and have resulted in women being unable to get medical care until their lives are on the line.
History of the Laws and Court Challenges
Yes, the laws briefly went into effect when they first passed. Since then, a group of abortion access advocates have been suing the state and getting them blocked in court. The group includes two OB/GYNs, a Teton County nurse, advocacy group Chelsea’s Fund, abortion clinic Wellspring Health Access and a woman of childbearing age. In the end of 2024, a Teton County district judge struck the laws down, saying they violate the Wyoming Constitution. The state appealed that decision a few days later. There was a hearing in mid-April. Now, the majority of justices agree with the district court: These laws violate the state constitution.
Wyoming Constitution and the Court’s Reasoning
The Wyoming Supreme Court’s decision rests on Article 1, section 38 of the Wyoming Constitution, which states “each competent adult shall have the right to make his or her own healthcare decisions.” This amendment was added to the state Constitution in 2012 by a majority (77%) of Wyoming voters. Lawmakers put it on the ballot as a way to oppose the Affordable Care Act. Justices said the state didn’t present enough evidence to show the abortion laws are no more restrictive than necessary. They said the laws aren’t as narrow as possible, or the least burdensome way the state could achieve its goal of protecting prenatal life. One justice dissented, arguing the laws constitute a reasonable and necessary restriction.
Reactions to the Ruling
Jackson OB-GYN Giovannina Anthony, part of the group suing the state, said the decision is a huge win. Abortion is still legal in neighboring states Montana and Colorado. The Wyoming Democratic Caucus celebrated and pledged to continue standing up for the Constitution. However, some Wyoming officials, including members of the Wyoming Freedom Caucus and Secretary of State Chuck Gray, say the justices are too liberal. Some want to bring back a draft bill that could require Senate approval for Wyoming Supreme Court appointments. Rep. Andrew Byron, who voted against the abortion laws, objects to targeting the justices.
What’s Next
Lawmakers will likely consider language for another constitutional amendment when their budget session starts on February 9. The state attorney general’s office will also file a petition to rehear the case. We could also see more bills restricting abortion in other ways, such as those requiring ultrasounds and building renovations at abortion clinics, which have also been held up in the courts.
