The Wyoming Legislature considered two different bills on Wednesday that take new approaches in trying to ban abortions.
The Legislature passed two separate bans on most forms of abortion in 2022 and 2023 but both are currently being held up in court.
The bills considered Wednesday take a new approach to the topic by seeking to define what is considered a “person” and what constitutes “healthcare” rather than trying to pass a flat-out ban.
One of the bills passed through a Senate committee and will move on to the Senate floor, while the other was scheduled to be continued for discussion later on Wednesday after print deadlines.
Each bill provides exceptions for events where an abortion is necessary to save the life of a pregnant mother but neither provide any exceptions for pregnancies caused by rape or incest.
Personhood
House Bill 250, a bill brought by House Speaker Chip Neiman, R-Hulett, states that no person shall make healthcare decisions that could harm someone’s heart function; respiratory system function; central nervous system function; brain function; skeletal development or function; joint or muscle appendage development; organ function. Further, a person is defined as someone who has at least one function from that list, which would qualify a fetus as young as four weeks after conception as a person and thus prevent a mother from obtaining an abortion after that time.
Neiman told the House Labor, Health and Social Services Committee the purpose of his bill is to make it clear that a fetus should be considered a person under Wyoming law and enjoy the same rights as people who have been born.
“Specifically a child has the right to not have his or her life terminated,” Neiman said. “That’s what I believe the basis of the foundation of this is, is determining what a human being is and what is life and what the rights that are inherent in that life.”
Many pro-choice advocates argue that life begins at birth, not conception, as many pro-life supporters say, a debate that largely shapes the national debate on abortion.
Multiple medical professionals expressed concern that the bill would prevent the administration of medical procedures that cause short-term harm for the purpose of long-term gain, such as chemotherapy.
Emma Laurent, communications director for pro-choice group Wyoming United for Freedom, said questions also arise about a situation like a ranching accident where someone needed an amputation to save their life.
“We are not set up to have the government decide what is and what isn’t life saving decisions,” she said.
Rep. Mike Yin, D-Jackson, said he sees the bill as an attack on the judicial system and separation of powers, as it specifically tells the branch how it should interpret the state constitution.
The committee did not vote on HB 250 on Wednesday morning and delayed their vote until later in the day.
Defining Healthcare
It has been the determination of a Wyoming district court judge that abortion is considered healthcare. A lawsuit challenging this determination is currently being considered by the Wyoming Supreme Court.
Wyoming’s constitutional right to healthcare stems from a 2012, constitutional amendment stating that “the right to make healthcare decisions is reserved to the citizens of the state of Wyoming.”
Sen. Cheri Steinmetz, R-Lingle, brought a bill to the Senate Labor, Health and Social Services Committee on Wednesday seeking to define healthcare as not including elective abortions, under the state constitution.
Senate File 125 states that no act, treatment or procedure that causes harm to the exact same list of health conditions also listed in Neiman’s bill shall be construed as healthcare unless documented and medically necessitated to save the life of a pregnant woman. Her bill appears to go farther than Neiman’s as it specifically defines life as starting at conception.
Although Steinmetz told Cowboy State Daily earlier on Wednesday she didn’t know if her bill would ban abortion, it quickly became apparent while discussing the bill that was her intent.
Steinmetz added an amendment to the bill on Wednesday also defining what constitutes an abortion under law, clarifying that it only defines events when the procedure is done by choice.
“This is a necessary component for the bill in accomplishing its purposes,” she said.
The bill passed on a 3-1 vote, with Steinmetz and Sens. Lynn Hutchings, R-Cheyenne, and Eric Barlow, R-Gillette, voting for it, and Sen. Charles Scott, R-Casper, voting against it. Barlow’s vote was significant as his record on abortion had been criticized earlier in the session out of a perception he wasn’t pro-life enough.
‘Legal Assistance’
Cheyenne attorney Drake Hill testified in support of the bill and said it was crafted with “a tremendous amount of legal assistance.”
Steinmetz told The Guardian that she received the bill from an attorney and did not personally consult any medical professionals about it.
Like Neiman’s bill, it also defines abortion only resulting from a medical condition that could put the life of the mother at risk. Linda Burt, a representative of Wyoming Right To Choose, said the bill unjustly attempts to direct the judiciary how to interpret law.
“It is not a healthcare law, it’s a ban abortion law,” Burt said.
Hill disagreed, saying it’s the function of the Legislature to create definitions.
Laurent told Cowboy State Daily her group has a team of attorneys currently examining the constitutionality of these proposed laws.
“I have a lot of faith they will be able to hold the constitution up to this current Legislature,” Laurent said.
Although Hutchings argued that her job as legislator is to protect life, Burt countered that a fetus shouldn’t get more rights than a pregnant mother.
Scott, who belongs to the Unitarian Church, accused the bill of imposing one’s religious belief on another by asserting that life begins at conception, not birth. He also said the bill opens up the potential for unintended consequences.
Laurent agreed and said these types of bills are being circulated among pro-life groups across the country. She said it’s clear the people who crafted SF 125 didn’t research Wyoming law before doing so.
“These bills are just trying to push an anti-abortion agenda when most Americans and most Wyomingites do not believe the government should be making decisions about abortion at all,” she said.
Alexandra Etsinger said the bill would reaffirm an American commitment to offering dignity and rights to all human beings.
“This is not just a legal issue, this is a moral imperative,” she said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
