It’s been about six months since final arguments in the lawsuit challenging Wyoming’s two abortion bans.
In that time, there were broad legislative efforts to put more restrictions on abortion clinics and a request from the district court for the Wyoming Supreme Court to answer key constitutional questions in the case. Both fell short, with the former being vetoed by Gov. Mark Gordon and the latter being rejected by the high court.
As summer approaches, the bans remain stalled in court and most abortion remains legal in Wyoming. But that leaves uncertainty as election season heats up. For the last three years in a row, the Legislature has passed abortion restrictions, and reproductive health is sure to be a 2024 campaign talking point.
For now, all eyes are on the 9th District Court in Teton County and Judge Melissa Owens.
Holding pattern
Mike Leman of the Catholic Diocese of Cheyenne supports the two abortion bans, which include a prohibition on abortion-inducing medications and a near-total ban the Wyoming Legislature passed in 2023. For the deacon of St. Patrick’s Catholic Church, the long wait for answers from Teton County is a mixed bag.
“We understand the gravity of the court’s decision,” Leman said in an email. “On one hand, if a hasty decision leads to a suboptimal outcome, it’s important to be patient. On the other hand, we remember that every week the court delays a decision, more lives are being intentionally destroyed right here in Wyoming.”
Marti Halverson, president of Right to Life Wyoming, is uncertain what’s taking so long, she said. But her organization is sending out candidate questionnaires for the upcoming election as if the bans aren’t in effect.
“We formatted it as if the [pre-ban] abortion law is still in effect,” she said. “That is, the law from 1977, which says that abortion is legal up to the point of viability.”
Over in Rock Springs, Dr. Banu Symington works at Sweetwater Regional Cancer Center. As a precaution, she advises her patients under the opposite assumption as Halverson’s surveys.
“I’m pretending that’s already been ruled on and you can’t get an abortion in this state when I’m talking to my young patients about why it’s important to not accidentally get pregnant,” she said.
If they go into effect, the bans could put pregnant cancer patients in a terrible position, Symington said, because oncologists want to treat the disease right away. But fetuses less than 3 months old aren’t supposed to be exposed to chemotherapy drugs, she said. Likewise, she added, X-rays are out of the question and “we’re not using chemo for a lot of patients now, we’re using a lot of biologics that are not safe for the fetus.”
The state’s abortion bans have exceptions to save the life of the mother, but with cancer, calculating the odds of dying isn’t clear-cut.
“We don’t generally delay cancer treatment, so we don’t know what unknown effect that’s going to have on the mother’s curability or survival,” she said. “But [under the bans], we’re not going to have a choice but to delay treatment until the second or third trimester … or I’m going to be stuck trying to get my patients somewhere in Colorado to get their abortion.”
Sitting tight
For many abortion rights advocates, the wait isn’t so bad. Most abortion remains legal for however long it takes to get out of district court.
“For us, no news is good news,” said Julie Burkhart, president and founder of the clinic Wellspring Health Access in Casper, one of only two places residents can get abortions in Wyoming. “We have an injunction, we’re able to see patients, and so, at this point, fortunately, [the court delay] hasn’t affected our operation in any way.”
For example, employment at her clinic hasn’t been hampered, Burkhart said, as it surpasses its first full year in operation. The clinic has even expanded to offer telehealth options, she added.
Still, both Burkhart and Sharon Breitweiser with Pro-Choice Wyoming acknowledged that the uncertainty around abortion affects Wyoming students, young adults and OB-GYNs.
“[The] ripple effect of this uncertainty, the broader effect on the population base and the type of health care people can get, is I think exacerbated by the fact that these laws are on the books,” Breitweiser said of the bans.
In neighboring Idaho, a study this winter found that the state lost 22% of its OB-GYNs since Roe v. Wade was overturned and the state enacted an abortion ban. Wyoming is struggling to maintain its fleet of such doctors, even as abortion remains legal here.
To review the events that led to the current questions about the legality of abortion in Wyoming, check out our timeline here.
When asked about any deadlines for this case, Owens’ judicial assistant stated the judge is “unable to comment on pending cases.”
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