Abortion is now illegal in Wyoming when there’s a “detectable fetal heartbeat.” In other states, this has been interpreted as a six-week ban.
Members of a group of abortion access advocates have told Wyoming Public Radio that they’re preparing to ask Natrona County to block the ban as soon as possible.
Cardiac activity can be detected with a transvaginal ultrasound at about six weeks — a time when abortion advocates say many people don't know they’re pregnant yet.
Wyoming’s only abortion clinic, Wellspring Health Access in Casper, said it is cancelling appointments with patients who are in their second trimester and referring them to other states. The clinic will see patients who are earlier in their pregnancies to determine if an ultrasound shows cardiac activity.
Gov. Mark Gordon signed the law on March 9. He said this reaffirms his commitment to protecting unborn life, though he expressed reservations.
“Regrettably, this Act represents another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy,” Gordon wrote in a signing letter to Speaker of the House Chip Neiman (R-Hulett), the sponsor of the bill.
The partial abortion ban has exceptions to protect the life of a woman, but it does not address situations involving rape or incest, as previous Wyoming laws have done. Gordon called this an “unfortunate flaw.”
How did we get here?
The majority of Wyoming lawmakers have been trying to ban most abortions in the state for several years but have been met with lawsuits. The Wyoming Supreme Court recently struck down two near-total bans, saying they violate Wyomingites’ constitutional right to make their own healthcare decisions.
Gordon urged the Legislature to put the issue before voters and draft a constitutional amendment to end the legal cycle. Lawmakers considered one such proposal, but they ultimately decided to put forth the “heartbeat” act.
“We’re trying to find some place here that is palatable for everyone involved, but not throwing Wyoming’s gates wide open to unlimited abortion,” Nieman said in a Feb. 16 committee meeting.
The house speaker also expressed worries in a Jan. 26 town hall that, if presented with a constitutional amendment, voters could codify the right to abortion.
Abortion advocates respond
Giovannina Anthony is a Jackson-based OB-GYN and one of the plaintiffs who has sued the state to block abortion laws.
She said the group is preparing to ask to amend a complaint in Natrona County to ask for a temporary restraining order and block this law as well. Litigation is ongoing in the county’s district court over separate laws which attempted to require building renovations at abortion clinics and require transvaginal ultrasounds for abortion seekers.
Anthony said the new law also requires a transvaginal ultrasound, which is more invasive than an abdominal ultrasound. She also said banning abortion at six weeks is "excruciatingly early.”
“A six-week abortion ban is essentially a ban,” Anthony said, since patients often don’t find out they are pregnant until close to then and need time to process.
She also takes issue with the term “heartbeat.” She said while the “flicker of muscular tissue” often seen at a six-week appointment does indicate the embryo is alive, the heart organ doesn’t start forming until later. The American College of Obstetricians & Gynecologists backs this up, saying the use of “heartbeat” in this kind of legislation is “clinically inaccurate.”
Anthony said these laws create more medical quandaries for providers.
“The penalties are so severe that it's a scenario where you're just not willing to take a chance,” Anthony said.
Any provider who violates the law could be punished with a felony constituting imprisonment up to five years or a fine up to $10,000, or both. Their license would also be revoked.
The future of telehealth abortion services in Wyoming are also unclear. Just The Pill provides medication abortions in the state and told Wyoming Public Media that it is assessing legal options and will continue to provide care for residents as long as it can.
Inside the law
The law text says the state of Wyoming has a compelling interest to protect the people of the state, including “unborn children,” which it says are “members of the human race.”
The law also draws on economic motivations.
“Protecting the general welfare of the state of Wyoming and its people necessarily includes the obligation to support and encourage childbirth as an essential element in the future stability of our societal and economic structures,” it reads.
This comes as members of the Republican Party nationwide advocate for reversing declining birth rates. Some studies, however, have said abortion bans impact economies negatively, in part because women may have to leave the workforce.
Other legislation
The Wyoming Legislature also considered, but did not pass, a bill that would have required medical professionals to give pregnant women specific written notices before getting an abortion.
The state has, however, passed a law protecting pregnancy centers from government regulation. These centers say they provide resources to women to help them keep their babies, as well as adoption information, rather than providing or offering information about abortions.
