What's going on with abortion in Wyoming?

As it stands, Title 35 – Chapter 6 of the Wyoming statutes reads, “An abortion shall not be performed after the embryo or fetus has reached viability except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.”

After the U.S. Supreme Court overturned Roe vs. Wade in June of 2022, Wyoming enacted its trigger law, which would reduce accessibility to abortion to cases of incest, rape, or instances where it would “preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions.” The trigger law took effect July 27, 2022, but within hours, a lawsuit was filed against the ban contesting that it violated the state constitution.

Article 1, Section 38 of the Wyoming Constitution reads: “Each competent adult shall have the right to make his or her own health care decisions.”

Teton County District Judge Melissa Owens granted the preliminary injunction, the trigger ban has been held up in court since, and it will be until Wyoming decides if abortion is health care. So, abortion remains legal in Wyoming up until viability of the fetus, approximately 24 weeks of gestation. Currently, House Bill 117, sponsored by Jackson Democrat Mike Yin, seeks to reverse Wyoming’s trigger ban entirely. 

Wyoming medical providers face felony charges, with jail time of up to 14 years, if they provide an abortion past viability or in cases other than incest or rape or that threaten the physical health of the mother. Since 2019, Wyoming physicians have been required to submit an Induced Termination of Pregnancy (ITOP) Report. The annual ITOP report, published by the Wyoming Department of Health, shows that 67 Wyoming residents had an abortion in 2021, along with 31 nonresidents. The majority of those people were under the age of 34. Seventy-four percent of them had never had an abortion before. All of the fetuses were less than 10 weeks of gestational age. All 98 of the abortions were non-surgical.

Planned Parenthood has no health centers in Wyoming. No Wyoming state funds go toward abortion, except in cases of incest or sexual assault. The state is part of the “abortion desert,” areas of the country where the nearest abortion clinic is hundreds of miles away for many residents. The only two abortion clinics in the state are Wellspring Health Access in Casper and Wyoming Health and Family Care in Jackson. In June 2022, before it opened its doors, Wellspring Health Access was the target of vandalism with an arson fire.

As for prenatal and postpartum health care, Wyoming has room for improvement. A 2022 data publication by the Wyoming Community Foundation showed that one in every five women in the state received less than adequate prenatal care in 2020. In 2019, Wyoming’s maternal mortality rate rose to 34.8 deaths per 100,000 live births —up from 24.6 deaths per 100,000 live births in 2018. In 2022, three maternity wards in Rawlins, Riverton and Kemmerer closed.

A current bill, House Bill 4 - Medicaid Twelve Month Postpartum Coverage, sponsored by the Joint Labor, Health and Social Services Interim Committee, would extend Wyoming Medicaid coverage for qualifying mothers from 60 days to a year. Temporary medical assistance would be paid for with $3.8 million from the general fund and a roughly equal appropriation from federal funds, lasting until 2027.

OPPOSING VIEWS

The Northern Wyoming News spoke to two residents on opposite sides of the abortion issue and their contrasting views are published below.

WE WANT TO HEAR WHAT YOU THINK

There are lots of factors to consider in the abortion debate. Northern Wyoming News is running an opinion poll for readers to submit what they think about the issue, with eight key questions. Participants will be able to view a data breakdown of what others in the area are saying about abortion. Responses to this form may be quoted or used in publication, but will remain entirely anonymous.

To participate in the opinion poll, visit https://bit.ly/nwnpoll.