The 2012 amendment that saved abortion in Wyoming

Overview

Wyoming Republicans passed the nation's first explicit abortion pill ban in 2023, confident they'd finally ended abortion access in the state. On January 6, 2026, the state Supreme Court struck it down 4-1—using a constitutional amendment those same Republicans championed in 2012 to fight Obamacare. Turns out a provision guaranteeing adults can 'make their own health care decisions' applies to terminating pregnancies, too.

In This Story

6 People

Constitutional Amendment Passes, Abortion Banned by 2027

3 Context

Kansas Abortion Amendment Vote (August 2022)

Key Indicators

4-1

Supreme Court vote striking down bans

All five justices agreed abortion is healthcare; only one would defer to legislature

1st

Nation's first explicit abortion pill ban

Wyoming's 2023 law was unique in specifically naming abortion medications

73%

Voter approval of 2012 healthcare amendment

Wyomingites overwhelmingly passed the provision now protecting abortion

573

Abortions in Wyoming (2023)

83% were medication-based; 94% occurred before 10 weeks

Interactive

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Debate Arena

Two rounds, two personas, one winner. You set the crossfire.

People Involved

Mark Gordon

Governor of Wyoming (Seeking rehearing and constitutional amendment to ban abortion)

Lynne Boomgaarden

Chief Justice, Wyoming Supreme Court (Wrote majority opinion striking down abortion bans)

Kari Gray

Justice, Wyoming Supreme Court (Sole dissenter in abortion ruling)

Julie Burkhart

Founder and President, Wellspring Health Access (Operating Wyoming's only full-service abortion clinic)

Melissa Owens

Judge, Teton County District Court (Issued initial ruling striking down abortion bans)

Chip Neiman

Speaker, Wyoming House of Representatives (Leading effort to draft constitutional amendment for 2026 ballot)

Organizations Involved

Wellspring Health Access

Abortion Clinic

Status: Wyoming's only full-service abortion provider, lead plaintiff

Wyoming's first procedural abortion clinic in over 20 years, providing care up to 23.6 weeks.

Chelsea's Fund

Nonprofit Advocacy Organization

Status: Lead plaintiff in successful constitutional challenge

Wyoming nonprofit that funds abortion services and challenged the state's bans.

Timeline

Wyoming Supreme Court Strikes Down Abortion Bans
State Court

In 4-1 decision, justices rule 2012 healthcare amendment protects abortion rights. Chief Justice Boomgaarden writes majority opinion; Justice Gray dissents.
January 6th, 2026
Legislature Overrides Governor's Veto
Legislative

Lawmakers override Gordon's veto of mandatory transvaginal ultrasound requirement for abortion pill patients.
February 24th, 2025
District Judge Strikes Down Bans
State Court

Judge Owens rules both bans unconstitutional, writing healthcare amendment applies even if decision 'impacts any other person.'
November 19th, 2024
Wellspring and Chelsea's Fund File Lawsuit
Legal

Abortion providers and four women sue, arguing bans violate 2012 constitutional healthcare freedom amendment.
March 22nd, 2023
Governor Signs Two Abortion Bans
Legislative

Governor Gordon signs 'Life is a Human Right Act' and nation's first explicit abortion pill ban into law.
March 17th, 2023
Wellspring Clinic Opens in Casper
Healthcare

After arson delay, Wyoming's first procedural abortion clinic in 20+ years begins operations.
January 1st, 2023
Judge Blocks Trigger Ban Hours After Taking Effect
State Court

Judge Melissa Owens grants temporary restraining order, finding plaintiffs have 'most compelling arguments' under healthcare freedom amendment.
July 27th, 2022
Supreme Court Overturns Roe v. Wade
Federal Court

U.S. Supreme Court's Dobbs decision eliminates federal constitutional right to abortion, triggering Wyoming's ban.
June 24th, 2022
Abortion Clinic Torched by Arsonist
Criminal

One month before planned opening, Wellspring Health Access building in Casper set on fire, delaying launch nearly a year.
May 1st, 2022
Legislature Passes Trigger Ban
Legislative

Wyoming legislature passes HB92, a trigger law banning abortion five days after Roe v. Wade is overturned.
March 15th, 2022
Voters Pass Healthcare Freedom Amendment
Constitutional

Wyoming voters approve constitutional amendment 73-22 guaranteeing adults the right to make their own healthcare decisions. Passed by conservatives to oppose Obamacare's individual mandate.
November 6th, 2012

Scenarios

Constitutional Amendment Passes, Abortion Banned by 2027

Discussed by: Governor Gordon, Wyoming legislative leaders, anti-abortion advocacy groups

The legislature passes a constitutional amendment with two-thirds majorities in both chambers during the February 2026 session, putting it on the November 2026 ballot. Wyoming voters approve it, overriding the 2012 healthcare freedom provision and explicitly stating abortion is not a constitutional right. The Wellspring clinic closes. Women seeking abortions travel to Colorado, where 290 Wyoming residents already went in 2024. This scenario requires convincing the same electorate that voted 73-27 for healthcare freedom to reverse course—a heavy lift even in a red state.

Amendment Fails, Abortion Access Stabilizes

Discussed by: National abortion rights analysts citing Kansas 2022 precedent

Following the Kansas playbook—where voters rejected an anti-abortion amendment 59-41 in August 2022—Wyoming voters decline to strip their own healthcare freedom rights. The legislature either fails to muster two-thirds support for the amendment or it dies at the ballot box. Wellspring continues operating. The legislature pivots to regulatory restrictions like mandatory ultrasounds and ambulatory surgical center requirements, chipping away at access without triggering constitutional scrutiny. Abortion remains technically legal but increasingly difficult to obtain.

Petition for Rehearing Succeeds, Court Reverses

Discussed by: State attorneys in rehearing petition

Governor Gordon's 15-day rehearing petition persuades the court to reconsider. This would be extraordinary—rehearing is rarely granted and reversals even rarer. The state would need to present substantial new legal arguments or demonstrate the court fundamentally misread the 2012 amendment. Given that all five justices agreed abortion constitutes healthcare—differing only on the standard of review—a reversal seems highly unlikely unless political pressure influences judicial decision-making.

Status Quo: Abortion Legal, Constant Legislative Battles

Discussed by: Wyoming political observers, reproductive rights advocates

The amendment effort stalls or fails. Wyoming joins the handful of red states where abortion remains legal post-Dobbs, creating an access point for the Mountain West. The legislature continues passing incremental restrictions—ultrasound mandates, waiting periods, facility requirements—that survive judicial review as 'reasonable and necessary' regulations. Wellspring adapts, possibly expanding to meet regional demand. Wyoming becomes a testing ground for how far states can restrict abortion without banning it outright, with litigation cycling through the courts indefinitely.

Historical Context

Kansas Abortion Amendment Vote (August 2022)

2022

What Happened

Kansas became the first state to vote on abortion rights post-Dobbs when legislators put a constitutional amendment on the August 2022 primary ballot. The amendment would have declared no right to abortion in the state constitution, allowing the legislature to ban or restrict abortion. Despite Kansas voting for Trump by 15 points in 2020, voters rejected the anti-abortion amendment 59-41, a shocking 18-point margin driven by record turnout.

Outcome

Short Term

Abortion remained legal in Kansas; pro-choice groups celebrated a major victory in a red state.

Long Term

The Kansas vote became a template for abortion rights victories in Michigan, Ohio, and other states, demonstrating that abortion restrictions poll worse than Republican candidates even in conservative territory.

Why It's Relevant Today

Wyoming's proposed 2026 amendment faces the same challenge: convincing voters in a red state to strip their own constitutional rights, despite partisan lean.

Ohio Issue 1 and Abortion Amendment (2023)

2023

What Happened

After Kansas, Ohio Republicans tried a two-step strategy: first, an August 2023 special election to raise the threshold for constitutional amendments from 50% to 60%. Voters rejected it 57-43. Then in November 2023, a citizen-initiated amendment to protect abortion rights passed 56.6%-43.4%, enshrining reproductive rights in a state Trump won by 8 points. Legislators attempted to limit the amendment's scope post-passage, sparking further litigation.

Outcome

Short Term

Abortion became a constitutional right in Ohio, striking down the state's six-week ban.

Long Term

Demonstrated that direct democracy favors abortion access even when legislatures don't, prompting Republican efforts to make citizen initiatives harder.

Why It's Relevant Today

Shows how voters may support GOP candidates while opposing abortion restrictions—relevant to Wyoming's 73% support for healthcare freedom in 2012 despite conservative lean.

Anti-Obamacare Constitutional Amendments (2010-2012)

2010-2012

What Happened

Conservative activists in at least 44 states pushed 'healthcare freedom' constitutional amendments to resist the Affordable Care Act's individual mandate. Voters in Wyoming, Alabama, Arizona, Florida, and Oklahoma approved amendments guaranteeing the right to make one's own healthcare decisions and prohibiting penalties for not purchasing insurance. These were framed as libertarian bulwarks against federal overreach. The amendments did nothing to stop Obamacare—federal law preempts state constitutions—but they remained on the books.

Outcome

Short Term

Symbolic victories for conservative activists; legally ineffective against federal law.

Long Term

Created unanticipated state constitutional protections that abortion rights advocates successfully invoked post-Dobbs in Wyoming and other states.

Why It's Relevant Today

The irony at the heart of Wyoming's story: Republicans' 2012 anti-Obamacare provision is now the reason abortion remains legal, forcing them to undo their own constitutional amendment.