State bans abortion pills

Wyoming has become the first state in the nation to pass a law banning abortion pills.

Selling or administering the medications for a chemical abortion will be a misdemeanor under Wyoming law once the bill goes into effect on July 1.

The “Life is a Human Right Act” has also become law, proclaiming that unborn babies have the same rights as all individuals from the moment of conception.

However, Governor Mark Gordon declined to sign this second bill, expressing concern that it will cause further delays in the court decision over Wyoming’s current abortion ban.

Chemical Abortions

SF 109 prohibits chemical abortions and makes it a misdemeanor to sell, prescribe or administer a contraceptive agent for the purpose of performing an abortion. Violating this new law is punishable by up to six months of imprisonment, a $9000 fine or both.

The bill does contain a couple of exceptions. Abortion pills may be used in the treatment of a “natural miscarriage” according to currently accepted medical guidelines; as a treatment necessary to save the life of a pregnant woman; or if the pregnancy is the result of incest.

The new law also states that a woman upon whom a chemical abortion is performed or attempted will not be criminally prosecuted.

Gordon signed the bill into law on Friday, saying it strengthens the protections for the unborn that were contained in last year’s abortion prohibition bill.

Gordon noted his “strong record” of protecting the lives of the unborn and their mothers, stating in a letter that, “I believe all life is sacred and that every individual, including the unborn, should be treated with dignity and compassion”.

He noted that these beliefs are reflected in other bills he has signed into law this session, including one that extends Medicaid coverage after giving birth to 12 months and one that requires a plan of safe care for newborns.

“Each of these laws is central to and consistent with a coherent pro-life legal framework in Wyoming,” he wrote.

Abortion Ban

However, the bill that the Wyoming Legislature passed to ban abortions during last year’s session was also the reason that Gordon allowed the “Life is a Human Right Act” (HB 152) to go into law without his signature.

HB 152 declares that unborn babies are humans – and have human rights – from the moment of conception, and clarifies that abortion is not health care.

This language was included in an effort to sidestep the Wyoming Constitution, which gives all citizens the freedom to make their own medical decisions. HB 152 is intended to replace the existing law, House Enrolled Act 57.

HEA 57 is a “trigger law” that was passed in 2022, just before the United States Supreme Court’s landmark decision to overturn Roe vs. Wade. It banned abortion except when the mother’s life is in danger or if the pregnancy is the result of incest or sexual assault.

However, Wyoming has been challenged in court over the constitutionality of this law due to this constitutional guarantee of freedom to make medical decisions.

The case is ongoing and the 9th Judicial District Court has temporarily stopped it from being enforced while the case is being heard.

While Gordon stated that he understands the intent to clarify some of the legal questions surrounding the current law, he feels this new law will likely only delay a final decision from the courts. He wrote that, if the Legislature wants finality, it should put a constitutional amendment before the people and let them decide whether or not to add an abortion ban to Wyoming’s constitution.

“If the Legislature wants to expressly address how the Wyoming Constitution treats abortion and defines healthcare, then those issues should be vetted through the amendment process laid out in Article 20 of the Wyoming Constitution and voted on directly by the people,” the Governor wrote. 

Despite his concerns, he expressed in his letter that he chose to allow the bill to become law.

“The majority of the Legislature spoke on this matter and consequently I have acted without bias and after extensive prayer to allow these bills to become law,” he wrote.