Gov. Mark Gordon vetoed a bill on Friday that attempted a new approach at banning abortion in Wyoming.
The trigger bill aimed to ban abortion in the event that the Wyoming Supreme Court rules against the state’s 2023 law banning it. Abortion remains legal in the state as the ban is challenged in court.
The bill would have gone into effect after the court rendered a decision on this case or on March 12, 2026, whichever came sooner.
Gordon said he vetoed Senate Enrolled Act 92 because it would add further confusion to Wyoming’s abortion bans that are being considered in court. He also doesn’t believe the new law added much to the 2023 ban and attempts to supersede the judicial branch by defining what is considered health care.
“I fear passage of SEA 92 into law will only perpetuate redundant legal challenges, add to the delay Wyoming has already witnessed in litigating the state’s ability to regulate abortion, and introduce further complexity into an already robust docket on abortion,” Gordon wrote in his veto letter.
Gordon said it would be much smarter to pass legislation to cure any shortcomings needed to block abortion once the Supreme Court has ruled on the constitutionality of abortion as a form of health care in Wyoming.
He also warned that if the court rules that the abortion ban is constitutional, SEA 92 would possibly open new litigation.
“My veto will avoid unnecessary delay, prevent even more legal battles, allow for clarity and finality through the court’s eventual court decision, and preserve the precious separation of powers so essential to containing the excesses of government,” Gordon wrote.
Response
State Sen. Cheri Steinmetz, R-Lingle, the sponsor of SEA 92, said she didn’t find Gordon’s veto shocking.
“I’m not surprised, actions speak louder than words,” she said.
Gordon argued that despite vetoing the bill he’s still pro-life on abortion, and his “decision stems from deliberations informed by my unwavering commitment to safeguarding the unborn, the newborn, mothers, women in general, and the health and safety of the citizens of the state.”
Steinmetz said the public can decide whether they believe this.
“The people of Wyoming can judge for themselves,” she said.
Steinmetz and the governor have had a less than conciliatory relationship as Steinmetz has been one of Gordon’s most vocal critics in recent years.
In 2023, the governor compared Steinmetz’s criticism of him for partnering with Democratic Colorado Gov. Jared Polis on a particular issue to an “unimaginable caterwaul.”
Other Abortion Actions From The Governor
In 2022, Gordon signed into law the bill banning abortion in most circumstances in Wyoming, and the next year signed into law banning the use of abortion pills, both of which are being considered in the Supreme Court.
The 2022 case was thrown out and restarted when a 2023 ban was passed by the Legislature.
He also signed into law earlier this year House Enrolled Act 26, a bill that regulates surgical abortion clinics as ambulatory surgical centers.
“For as long as facilities are allowed to perform abortions in Wyoming, HEA 26 sets important standards requiring that they meet the rigorous criteria necessary to attain the classification of ambulatory surgical centers and making sure they meet or exceed all safety requirements,” Gordon wrote in his veto letter.
The new law caused Wellspring Health Access clinic in Casper to immediately shut down and file a lawsuit against the state in Natrona County District Court for a temporary restraining order.
When the court didn’t quickly pick up the case, the abortion clinic refiled the case in Teton County District Court, the same court that overturned the state’s previous attempt at banning abortion that’s now being heard in the state Supreme Court, ruling that abortion is considered health care.
Gordon vetoed another bill requiring women to get ultrasounds before taking abortion pills in Wyoming.
That veto was then overridden by the Legislature, which let the law go into effect. Wellspring immediately added this law to its lawsuit.
The state has filed a motion to have the case moved back to Natrona County, a motion Teton County District Court Judge Melissa Owens will rule on next Friday.
Even if Owens keeps the case in her court, Wellspring said in a Thursday press release there won’t realistically be a final ruling until the end of the month.
Wellspring said it has had to turn away 99 patients since the new laws have gone into effect.
‘What Is A Woman Act’ Passes Into Law
Gordon also let the “What is a Woman Act” pass into law on Friday without his signature. This law defines terms like “man,” “woman,” “boy” and “girl” across Wyoming law to a biological definition of male and female: whether the person’s body is organized to produce ova or sperm.
Letting a bill pass into law without a signature is a step the governor has taken with increasing frequency over the last few years. It’s an act that amounts to expressing disapproval for a bill while not seeing enough wrong with it to block it from going into law.
Although Gordon said he supports efforts to uphold biological distinctions and ensure privacy and fairness, he questioned the need for the law and how it can be practically administered, calling it an effort “to scratch a welcome national political itch.”
This session, Gordon also signed SEA 53 and HEA 94 into law, bills that restrict bathroom usage in Wyoming to biological sex.
“These laws were crafted to address specific concerns, whereas HEA 73 has a different agenda,” Gordon said.
Gordon said it’s now undeniable after this year’s legislative session that Wyoming law recognizes “male” and “female” as “biological sex at birth - full stop.”
Leo Wolfson can be reached at leo@cowboystatedaily.com.
