Wyoming Supreme Court Strikes Down State Abortion Bans

The Wyoming Supreme Court ruled Tuesday that the state’s two abortion bans are unconstitutional, protecting abortion rights in one of the nation’s most conservative states. In a 4-1 decision, the court said the laws conflict with a 2012 constitutional amendment that guarantees individuals the right to make their own health care decisions.

“A woman has a fundamental right to make her own health care decisions, including the decision to have an abortion,” the court wrote. It found that the state failed to show the bans further the compelling interest of protecting unborn life without infringing on women’s rights.

Abortion rights advocates celebrated the decision.

Opponents, including Gov. Mark Gordon, criticized the ruling and called on the Legislature to pursue a constitutional amendment to ban abortion, potentially putting the issue before voters in 2026.

Attempts to restrict abortion in Wyoming have intensified in recent years. After Roe v. Wade was overturned in 2022, lawmakers passed a “trigger law” banning abortion, which was blocked in court. In 2023, two new abortion bans—one banning most abortions, the other restricting medication abortions—were passed and later challenged in court.

Teton County District Judge Melissa Owens initially blocked the bans, ruling them unconstitutional in 2024. The Supreme Court’s decision now preserves abortion access statewide.

Justice Kari Gray dissented, while Justice John Fenn wrote a concurring opinion. Retired Justice Kate Fox also participated under state law.

The ruling leaves abortion rights intact for now, but the debate may shift to the ballot in 2026.