The Wyoming Senate on Thursday narrowly killed a proposed constitutional amendment that, if it had survived the legislative session and a vote of the people, may have allowed the state Legislature to restrict abortion.
That was under the state Senate’s rule for even-numbered budget-planning years, which says non-budget bills can’t enter the floor for debate or passage unless they garner a two-thirds majority approval on the introductory vote.
Senate Joint Resolution 7 failed introduction Thursday with 20 state senators voting in favor, and 11 against hearing it. The effort failed by one vote.
Sen. Tim Salazar, R-Riverton, urged introduction of the resolution.
“This is one of the most important issues of our day,” said Salazar on the Senate floor. “I and many others simply seek a dialogue.”
He said the Wyoming Supreme Court’s current, highly protective stance toward the Wyoming Constitution’s promise of health care autonomy “puts many existing statutes at risk” and takes decisions out of the hands of the people’s elected representatives.
The Wyoming Supreme Court ruled Jan. 6 that abortion is health care, and that access to it is a protected right under the state Constitution’s promise of health care autonomy, subject to the highest standard of review in constitutional law.
Voted Against
Among the 11 nay votes were the Senate’s only two Democratic members, and nine Republicans.
One of those was Sen. Evie Brennan, R-Cheyenne.
Responding to a Cowboy State Daily request for comment via text, Brennan said, “I believe in life and I believe in the right of the unborn child,” and that SJ 7 tried to protect unborn children.
It also would have let the Legislature define health care and say that abortion is not health care, she added.
“The problem is, it opened up all of health care to be defined by the legislature,” wrote Brennan. “The unintended consequences could be catastrophic in years to come.”
Brennan said the Legislature should respond to the court’s ruling “in a very thoughtful manner that does not include the overreach of government into all areas of our health" and should avoid knee-jerk responses.
She pointed to the human heartbeat bill, which would ban abortions after an unborn baby’s heartbeat could be heard.
That bill remains viable in this legislative session, poised for House floor debate.
It is uncertain whether the heartbeat bill, if passed, would survive the judicial branch. A retired judge serving on a challenge to Wyoming’s ultrasound-before-abortion law declared last year that it’s likely unconstitutional and paused it during the case against it.
"Clown Show"
Sen. Cale Case, R-Lander, one of the original co-sponsors of the health care amendment in place now, told Cowboy State Daily letting the Legislature define health care altogether could be harmful.
"It's crazy to give us that much power," said Case. "Who wants to turn health care over to the Legislature? It can be a bit of a clown show, you have to admit."
Case's comment came about two hours after the state House of Representatives voted to form an investigative committee over a claim of bribery on the House floor.
He said if he were advising the crafters of this amendment, he would have told them to write something specific about the Legislature's authority to regulate abortion.
"But they decided to make it hell on health care," he said.
Another Republican nay-vote, Sen. Bill Landen of Casper, told Cowboy State Daily letting the legislature define health care altogether “is a step too far.”
Remarking in a text message comment on the bill’s failure, Salazar wrote, “I did what my conscience dictated for the life of the unborn.”
What It Would Have Done…
Senate Joint Resolution 7 would have changed Wyoming’s “health care amendment.”
As it sits now, the amendment gives each competent adult the right to make his or her own health care decisions, and parents on behalf of their children.
A section meant to qualify that right says the legislature may determine “reasonable and necessary restrictions” on it, to protect the people’s health and general welfare.
That wording wasn’t enough to allow Wyoming’s two, now-blocked abortion bans to survive the high court’s scrutiny, after which the justices determined that abortion is health care.
SJ 7 would have let the legislature determine what constitutes health care and enact laws regulating health care that are reasonably related to protecting the people’s health and general welfare.
Roll Call
The no-votes on the bill included Brennan, Landen, Republican Sens. Jim Anderson (Casper), Cale Case (Lander), Ed Cooper (Ten Sleep), Barry Crago (Buffalo), Gary Crum (Laramie), Ogden Driskill (Devils Tower), Charlie Scott (Casper) and Democratic Sens. Chris Rothfuss (Laramie) and Mike Gierau (Jackson).
The aye-votes on the bill were all Republicans, Sens. Eric Barlow (Gillette), Brian Boner (Douglas), Dan Dockstader (Afton), Tim French (Ralston), Larry Hicks (Baggs), Lynne Hutchings (Cheyenne), Bob Ide (Casper), Stacy Jones (Rock Springs), John Kolb (Rock Springs), Dan Laursen (Powell), Taft Love (Cheyenne), Troy McKeown (Gillette), Tara Nethercott (Cheyenne), Jared Olsen (Cheyenne), Stephan Pappas (Cheyenne), Laura Pearson (Kemmerer), Salazar, Wendy Schuler (Evanston), Cheri Steinmetz (Torrington) and Senate President Bo Biteman (Ranchester).
Pearson and Jones initially gave “no” votes and switched to “aye” before the vote closed.
Rep. Elissa Campbell, R-Casper, announced in January she was advancing a health care amendment. As of Thursday, it was not visible on the legislative website and Salazar's amendment was the only health care/abortion amendment displayed.
Clair McFarland can be reached at clair@cowboystatedaily.com.
