Wyoming Will Appeal “Frustrating” Ruling To Block Abortion Bans, Gordon Says

After a judge struck down Wyoming’s two abortion bans on Monday, the state plans to appeal the decision to the Wyoming Supreme Court.

Gov. Mark Gordon announced the appeal Tuesday morning.

“I have directed the Attorney General to review the opinion and prepare an appeal to the Wyoming Supreme Court,” wrote Gordon in a Tuesday statement. He declined a phone interview, via his spokesman.

The announcement followed a Monday order by Teton County District Court Judge Melissa Owens, in which Owens struck down Wyoming’s two abortion bans as unconstitutional and blocked them from being enforced altogether.

She cited a section of the Wyoming Constitution promising people the right to make their own health care decisions, and she made an official finding that abortion is health care.

A group of pro-choice plaintiffs who sued the state last March posed convincing arguments that abortion is health care and a fundamental right, while the state did not counter with convincing evidence of its own, Owens wrote in her ruling.

Gordon voiced disagreement with the ruling, but vowed to press on in defending the state’s abortion bans.

“Judge Owen’s (sic) ruling is frustrating, still this is just one of the steps in the judicial process,” says his statement. “Regardless of her decision, it was clear there would be an appeal. I remain committed to defending the constitutionality of this law and the sanctity of life.”

In past statements, Gordon has voiced support for a route the Wyoming Legislature did not ultimately take: passing a ballot measure to voters to restrict abortion access in the state Constitution or specify that it is not health care.

Plaintiffs Elated

Some of the plaintiffs who have waged more than two years of litigation against Wyoming’s various abortion bans told Cowboy State Daily on Tuesday that they are elated.

A main sponsor of the laws, conversely, said he is sickened that abortion is legal in Wyoming.

The plaintiffs are Dr. Giovannina Anthony, who is a Jackson-based abortion provider; Dr. Renee Hinkle, who is an OB/GYN; abortion support group Chelsea’s Fund; abortion clinic Wellspring Health Access; and Wyoming women Danielle Johnson and Kathleen Dow.

“I am super grateful and really relieved that the judge agreed with us that abortion is health care,” Anthony told Cowboy State Daily on Tuesday. “Her ruling helps to keep Wyoming women’s right to make their own health care decisions intact.”

Anthony said she recognizes the state will probably appeal, and the Legislature may try to pass a ballot measure restricting the procedure.

She and the other plaintiffs would be prepared to challenge a ballot measure as well, she said.

“I feel fortunate that we can continue to provide evidence-based care without worrying about loss of licensure or prison sentences,” said Anthony.

One of the two abortion bans would have criminalized the act, making performing an abortion a felony punishable by up to five years in prison and $20,000 in fines. It contained several exceptions exempting abortions resulting from rape, incest or done in response to a woman’s serious health risks.

Though the law contained numerous carveouts for unique situations, the plaintiffs have argued throughout the litigation that the language is vague and confusing and likely to paralyze doctors’ ability to make snap decisions.  

Anthony said she believes Owens took her time and was fair with the ruling, and that the ruling is “consistent with Wyoming values,”

Christine Lichtenfels, executive director at Chelsea’s fund, agreed and said Wyomingites view personal health autonomy as essential. Had the bans gone into effect, Chelsea’s fund would have pivoted its attention to helping women get abortions out-of-state.

She said that would have come with many challenges, considering Wyoming’s vastness and harsh winters.

Saddened And Disgusted

Wyoming House of Representatives Majority Floor Leader Chip Neiman, R-Hulett, was saddened and appalled with the decision.

“We go out of our way to protect and mount the forces and come to Wyoming and tell us how to protect a wolf — and we’ll scatter the ashes of a grizzly bear over the valley in respect and deep remorse over the loss of this animal,” said Neiman, referencing Wyoming residents’ and outsiders’ grief over a slain wolf and famous grizzly bear that died in the past year. “And yet we don’t have a problem with a judge that looks at innocent human life and says, ‘Nope, no rights here?’”

Neiman, who is a rancher, said he has ultrasounds performed on his cows, and if a calf embryo even as small as a walnut is detected, the vet calls out “bred” and announces there will be a calf.

“Left alone and cared for, that will come to fruition,” he said. “But to take a human baby and look at it and say it’s not valuable — we give more respect to livestock than we do to human beings. How is that OK?”

Neiman referenced the beauty of his young grandchildren. He questioned why Owens would bank on “viability” as a standard for when life begins and asked whether people would be just as willing to get rid of a person who was no longer independently viable at the end of his life cycle.

“It just sickens me,” added Neiman.

Neiman said he expects the Legislature to bring back a bill that Gordon vetoed this year that would have required women to get ultrasounds before having an abortion.

Gordon had voiced a desire not to further complicate the ongoing abortion litigation by piling on more laws.

“That (bill) is coming back, I can guarantee you,” said Neiman.

He also pronounced a general resolve to keep fighting the pro-life cause.

“We can’t quit. Human life is too valuable to just say, ‘Well that’s enough then, we lost,’” said Neiman. “I’m not giving up, and I’m sure I’m not alone.”

Contact Clair McFarland at clair@cowboystatedaily.com

Clair McFarland can be reached at clair@cowboystatedaily.com.