Dear editor:
The recent ruling confirming that abortion is protected under our state constitution is a victory for the rule of law and the plain language of our founding documents.
In 2012, Wyoming voters passed Article 1, Section 38 of the Wyoming Constitution, which states, "Each competent adult shall have the right to make his or her own health care decisions."
While the original intent was to shield Wyomingites from the Affordable Care Act, the framers failed to include specific exclusions. If the goal was to carve out exceptions for abortion, they simply did a poor job of drafting.
The court’s role is to interpret the law as written, not to guess at what legislators "meant" to say.
Furthermore, our own legislature has spent years confirming that abortion is healthcare through its own regulatory zeal.
From bills requiring abortion clinics to meet the standards of "ambulatory surgical centers" to mandates regarding the disposal of "medical waste," the state treats the procedure as a medical matter. If it walks, talks and looks like a duck, it is a duck.
Crucially, this conversation must acknowledge the reality of why these protections matter.
I do not wish for anyone to feel that abortion is their only option; we must strive for a society where every person feels supported. However, we cannot ignore that not all sex is consensual.
Our laws currently do not impose harsh enough penalties on those who commit sexual violence against children, teens, and adults.
Until we can guarantee a world free from such trauma, we cannot strip away the right to medical autonomy.
The reasons a person comes to the decision to have an abortion are complex, from rape, incest, medical or mental health reasons, to feeling hopeless in how they will support that child.
Legislators cannot have it both ways—regulating abortion as a medical service while arguing in court that it isn’t "medical."
Under Section 38, healthcare choices belong to the individual, not the government.
Sincerely,
Heidi Kennedy
Gillette, Wyoming
