Wyoming state abortion ban struck down as unconstitutional

A judge in Wyoming has ruled that two laws making up the state’s abortion ban violate the state’s constitution. The ruling makes abortion legal in the state for the time being.

Teton County District Judge Melissa Owens sided with the women and nonprofits who filed a lawsuit against the state over the ban, finding the state failed to define key terms in the law, including what makes a fetus viable.

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Owens grounded her ruling in concerns over women’s rights, writing in part that the state “has enacted laws that impede the fundamental right to make health care decisions for an entire class of people, pregnant women.”

This is the third time Owens has ruled to block a version of the state’s abortion ban. The ruling could be appealed to the Wyoming Supreme Court.

Republican Gov. Mark Gordon’s office did not immediately respond to the ruling but has supported appeals challenging the previous rulings.

With the decision, abortion is currently legal in Wyoming up until the point of fetal viability, which medical professionals generally consider to be about 24 weeks into pregnancy.

Wyoming is the latest state where supporters of abortion rights access have had success. Voters in seven states — Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York — approved ballot measures earlier this month that expanded abortion rights.

Two states, Florida and South Dakota, defeated abortion rights measures. Nebraska, meanwhile, saw voters split on two measures related to abortion rights.

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State-level courts have issued rulings recently related to abortion restrictions and bans. Judges in North Dakota and Georgia struck down their respective state bans in September, although the Georgia Supreme Court allowed the Peach State’s ban to remain in effect while the case is heard.

In the U.S., 13 states currently have total abortion bans in effect that resemble the laws blocked in Wyoming. A further 21 states have enshrined abortion rights as state law.