While Gov. Mark Gordon on Monday signed the Human Heartbeat Act into law, to ban abortions after an unborn baby’s heartbeat can be detected, he did so with concerns over what he called the act’s flaws.
“Despite the upright moral intentions behind this Act, I remain troubled it does not provide the durable solution Wyoming needs,” wrote Gordon in a letter to state House Speaker Chip Neiman, R-Hulett, upon signing House Bill 126 into law.
The law has exemptions for dire health circumstances of pregnant mothers, but not for rape or incest, which Gordon called a flaw. He is pro-life but supports exceptions, he wrote.
Gordon during his State of the State address Feb. 9 had urged the Wyoming Legislature to advance a ballot measure to change the state Constitution. That’s because a Jan. 6 order by the Wyoming Supreme Court says that the state Constitution’s promise of health care autonomy guarantees a right to abortion.
Abortion is health care, under that ruling.
The high court also discounted the Legislature’s prior assertions that it can restrict abortion under the wording of that health care right, and instead subjected Wyoming’s abortion bans to the most rigorous standard of review in constitutional law.
Gordon said he shares, resoundingly, “the determination to defend the lives of unborn children and support the intentions behind the Human Heartbeat Act.”
But, he added, “this Act represents another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy. Rather than finding a remedy that saves the unborn, I fear we have only added another chapter to the sad saga of repeatedly trying to force a specific solution.”
Julie Burkhardt, president of Casper-based abortion clinic Wellspring Health Access, said she is "prepared to challenge" the new ban.
In a statement from Wellspring, Burkhardt called the new law an "attack on Wyomingites’ constitutional freedom to make their own health care decisions" that puts communities' wellbeing at risk.
"Every day that this law is in effect means people in our state will face even greater barriers to abortion care – and some may be denied this care altogether. With so many across Wyoming already struggling to access reproductive health care, restrictive policies like these take us further in the wrong direction."
Burkhardt added: "We are prepared to challenge this ban in court and fight to protect reproductive rights, health and freedom in Wyoming. We will also continue to work with our regional and national partners, including clinics, abortion funds and practical support groups, to help our patients access the care they need.”
The ‘Sad Saga’
The overturn of Roe v. Wade in 2022 triggered a Wyoming abortion ban into place, but a pro-choice coalition immediately challenged the ban as unconstitutional under the state Constitution. A district court judge paused the ban, quickly. Other legislative attempts to restrict abortion followed. So too did more litigation.
Abortion has been legal throughout the nearly four years since that first court challenge, due to court blocks on bans.
While lawmakers vowed to pursue a change to the state Constitution after the Jan. 6 ruling, only one attempt surfaced for an introductory vote — and it failed in the Senate on the fourth day of session.
Republicans who voted against it told Cowboy State Daily at the time that the proposed amendment was written too broadly. It did not mention abortion, and would have let the Legislature define “health care” altogether.
Lawmakers didn’t attempt to introduce any other pro-life ballot measures throughout the four-week session.
Veto-Proof
Neiman rejoiced Monday at Gordon’s signing of the act, in a phone interview with Cowboy State Daily.
“Well, congratulations Wyoming, for standing up for the rights of the unborn yet again,” said Neiman.
“At least (Gordon) is smart enough to read the writing on the wall: ‘You better sign it because the Legislature’s got veto-proof majorities in both chambers,’” he added.
Neiman said it’s obvious that the legislators, who represent the people of Wyoming, support life.
“I don’t know what else the courts need to see,” he said. “What other kind of legislative intent they need to see.”
He also noted that both chambers are slated to reconvene Wednesday to take override votes on any vetoes Gordon may make this week.
What It Says
The Human Heartbeat act would make it a felony to perform an abortion after a fetal heartbeat can be detected, punishable by up to five years in prison and up to $10,000 in fines.
Doctors, physician assistants, nurses and pharmacists can also lose their licenses for causing abortions, under the act.
But it has a safety net which says that if those provisions were blocked by a court or deemed unenforceable by the Wyoming Attorney General, the state’s Roe-era standard of viability would become law. That means, abortion would be illegal after the point of viability.
A doctor performing an abortion after the point of viability would face a felony punishable by up to 14 years in prison.
Any person who’s not a doctor performing such an abortion would face between one and 14 years in prison.
The safety net portion also has language saying a minor can’t obtain an abortion without parental or guardian consent but leaves some exceptions for courts to grant a minor the right to obtain an abortion.
Clair McFarland can be reached at clair@cowboystatedaily.com.
