11:56 am - May 8, 2026
Abortion will remain legal in Wyoming after the state Supreme Court ruled Tuesday that two laws barring the procedure, including the country’s first explicit ban on abortion pills, violate the state constitution. The 4-1 decision by justices all appointed by Republican governors struck down abortion restrictions passed since 2022, ensuring continued access to reproductive health care in one of the nation’s most conservative states.
The ruling sided with Wellspring Health Access, the state’s only abortion clinic in Casper, along with the advocacy group Chelsea’s Fund and four women who challenged the bans. According to the court, the laws violated a 2012 state constitutional amendment guaranteeing competent adults the right to make their own health care decisions.
Constitutional Amendment Protects Abortion Access in Wyoming
The constitutional amendment at the heart of the case was originally approved by Wyoming voters in 2012 as a response to the federal Affordable Care Act. While the justices acknowledged the amendment wasn’t specifically written to address abortion access, they stated it was not their role to “add words” to the state constitution. However, the court noted that lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue.
Attorneys for the state had argued that abortion cannot violate the Wyoming constitution because it is not health care. The Supreme Court rejected this argument, upholding every previous lower court ruling that found the abortion bans unconstitutional. Additionally, the decision affirmed abortion as essential health care that should not be subject to government interference, according to Wellspring Health Access President Julie Burkhart.
Clinic Remains Open Despite Legal Challenges
Wellspring Health Access opened in 2023 as Wyoming’s only abortion clinic, nearly a year later than planned following an arson attack. A woman who admitted to breaking into the facility and causing extensive damage by pouring and lighting gasoline pleaded guilty and is currently serving a five-year prison sentence. Meanwhile, Burkhart confirmed the clinic will remain open and continue providing compassionate reproductive health care, including abortions, allowing patients to obtain care without traveling out of state.
The two laws overturned by the court included one seeking to ban abortion except to protect a pregnant woman’s life or in cases involving rape or incest. The other would have made Wyoming the only state to explicitly prohibit abortion pills, though other states have instituted similar restrictions through broader abortion medication bans.
Governor Calls for Constitutional Amendment
Governor Mark Gordon, a Republican, expressed disappointment with the court ruling and called on state lawmakers to pass a constitutional amendment banning abortion that would go before voters this fall. In his statement, Gordon said the ruling may settle a legal question but does not settle the moral one or reflect where many Wyoming citizens stand. He emphasized it is time for this issue to go before the people for a vote.
Such an amendment would require a two-thirds vote to be introduced as a nonbudget matter during the monthlong legislative session devoted primarily to the state budget. However, it would likely have wide support in the Republican-dominated statehouse. In contrast, abortion rights advocates celebrated the decision as a victory for reproductive freedom.
Additional Restrictions Under Legal Review
Abortion has remained legal in Wyoming since Teton County District Judge Melissa Owens blocked the bans while the lawsuit challenging them proceeded. Last year, Wyoming passed additional laws requiring abortion clinics to be licensed surgical centers and women to obtain ultrasounds before having medication abortions. A judge in a separate lawsuit has blocked those laws from taking effect while that case continues.
Thirteen states currently ban abortion completely following the North Dakota Supreme Court’s decision in November to uphold that state’s abortion ban. Wyoming now stands apart from many of its conservative neighbors in maintaining legal abortion access based on state constitutional protections.
State legislators are expected to debate a potential constitutional amendment during their upcoming winter session, with the earliest possibility of a voter referendum coming in fall 2025. The outcome remains uncertain and will depend on whether lawmakers can secure the required supermajority support.
