Abortion questions sent to Wyoming Supreme Court

JACKSON (WNE) — A Teton County judge is passing along the burden of deciding whether two abortion bans passed in 2023 are constitutional.

In an order filed Monday afternoon, Ninth Judicial District Judge Melissa Owens sent 14 questions up to the Wyoming Supreme Court to be answered. The questions include whether the bans violate sections of the Wyoming Constitution granting citizens the right to make their own health care decisions, the right to privacy, equal protection and religious freedom.

Owens also asked whether the bans — one a general ban on abortion and the other a ban on medication abortion — are unconstitutionally vague. Both were halted by Owens from taking effect while the case plays out.

Both sides asked Owens to decide the case now, before a trial. Six plaintiffs — two doctors, two women of childbearing age and two abortion access nonprofits — are challenging the bans in order to keep abortion legal while the state, Gov. Mark Gordon and the Wyoming Attorney General want to see the bans take effect.

In late 2022, the Wyoming Supreme Court declined to answer 12 constitutional questions Owens sent regarding a since-defunct trigger ban, writing that the factual record had not been developed enough. This time, Owens waited until more evidence was introduced.

The Supreme Court will have 30 days to decide whether to agree to answer the questions.

This story was published on March 19, 2024.