Teton County District Judge Melissa Owens, who has previously halted the implementation of two pro-life laws in Wyoming on three occasions in the past eighteen months, presided over arguments for nearly four hours on Thursday. The discussion centered on whether to invalidate, uphold, or proceed to trial over the state’s abortion bans, which include its pioneering prohibition on using medication to terminate pregnancies, as reported by Mead Gruver of the Associated Press.
“Both sides have asked Owens to issue a ruling without holding a bench trial that is scheduled to begin April 15.”
If one side loses, they’ll probably appeal to the Wyoming Supreme Court.
One law, HB0152, protects unborn babies except in cases of rape, incest, or to save a woman’s life. The other law, Senate Enrolled Act 93, made Wyoming the first state to make it illegal to use drugs to get an abortion, except in cases of rape, incest, miscarriage, or when the mother’s life is at risk.
Violating Senate Enrolled Act 93 is a misdemeanor, punishable by up to six months in prison and a $9,000 fine. Pregnant patients are exempt from charges and penalties.
Gov. Mark Gordon said in a letter to Chuck Gray, Wyoming’s Secretary of State, that he has a strong record of protecting the unborn and their mothers. He believes all life is sacred and that the unborn should be treated with dignity and compassion. The law would have taken effect on July 1.
The litigants said the bans would harm their health, well-being, and livelihoods. The state’s attorneys said this was not true. The women and nonprofits also said the bans violated a state constitutional amendment. This says that Wyoming residents have a right to make their own health care decisions. Owens said this was a good argument.
Gruver said that the state’s attorneys argued that the amendment didn’t include abortion.
Four women, including two obstetricians, and two nonprofit organizations, challenged HB0152 and Senate Enrolled Act 93.
The two abortion laws in Wyoming are currently not enforceable, as Owens has blocked them while contemplating this case. Abortion is legal up to the point of viability in Wyoming, according to Clair McFarland’s report.
Daniel Miller is responsible for nearly all of National Right to Life News' political writing.
With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.
Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.