Future Of Rape, Incest Exemptions In Wyoming Abortion Law Unsure, Wyo Senator Says

A state senator from Lander could not speculate Wednesday on whether legislators will revisit the law banning abortions in Wyoming to remove the exemptions for rape and incest.

EF
Ellen Fike

June 29, 20223 min read

Cale case 4 29 22

**For All Things Wyoming, Sign-Up For Our Daily Newsletter***

A state senator from Lander could not speculate Wednesday on whether legislators will revisit the law banning abortions in Wyoming to remove the exemptions for rape and incest.

Sen. Cale Case, R-Lander, told Cowboy State Daily on Wednesday that when he added the exemptions to the bill creating a “trigger abortion ban” in the case Roe vs. Wade was ever overturned, the vote to adopt it in the Senate was split almost down the middle.

“It passed 15 to 14 in the Senate,” Case said. “With bills, you have to have the majority of those elected, but with amendments, it just has to the majority of those present. One senator was not there, but had she been, the vote would have been divided, 15-15, and my amendment wouldn’t have passed.”

The Legislature, during its budget session earlier this year, approved legislation to outlaw abortions in case the U.S. Supreme Court ever overturned Roe vs. Wade the landmark court ruling from 1973 that declared abortion a protected right across the country. Under the law, abortions must become illegal in Wyoming within 35 days of such a ruling.

When the law was making its way through the Legislature, it did not allow exemptions in the cases of rape. That language was added by Case in the bill’s final Senate review.

Case said he felt strongly about adding the rape and incest exemptions to the abortion bill. While the senator said he understood his colleagues’ moral intent in crafting abortion legislation, he said it was important to have exceptions for rape and incest in the bill.

“Rape and incest exemptions have traditionally existed and there’s good reason,” he said. “If you don’t have it, you’re literally telling women that they will be carrying a child conceived from rape or incest and they have no choice in the matter. I look at the burden that we placed on women and autonomy over their bodies and decisions they can make in their lives.”

Removing the language would require the development of a new bill, which would then have win legislative approval.

However, he said he did not know what future Legislatures will look like and would not speculate on the possibility of removing the exemptions.

The abortion bill’s sponsor, Rep. Rachel Rodriguez-Williams, R-Cody, did not return Cowboy State Daily’s repeated requests for comment this week, nor did several of her bill co-sponsors: Rep. Chuck Gray, R-Casper, Rep. Bo Biteman, R-Ranchester, Sen. Lynn Huchings, R-Cheyenne, Rep. Jamie Flitner, R-Greybull and Rep. Jeremy Haroldson, R-Wheatland.

**For All Things Wyoming, Sign-Up For Our Daily Newsletter***

Share this article

Authors

EF

Ellen Fike

Writer