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.
The ruling keeps Wyoming one of the few red states where abortion remains legal post-Dobbs. But Governor Mark Gordon and legislative leaders are already pushing for a constitutional amendment this fall to override the court's decision. The battle now shifts to whether Wyoming voters will strip away the healthcare freedom they granted themselves 14 years ago.
Key Indicators
People Involved
Organizations Involved
Wyoming's first procedural abortion clinic in over 20 years, providing care up to 23.6 weeks.
Wyoming nonprofit that funds abortion services and challenged the state's bans.
Timeline
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Wyoming Supreme Court Strikes Down Abortion Bans
State CourtIn 4-1 decision, justices rule 2012 healthcare amendment protects abortion rights. Chief Justice Boomgaarden writes majority opinion; Justice Gray dissents.
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Legislature Overrides Governor's Veto
LegislativeLawmakers override Gordon's veto of mandatory transvaginal ultrasound requirement for abortion pill patients.
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District Judge Strikes Down Bans
State CourtJudge Owens rules both bans unconstitutional, writing healthcare amendment applies even if decision 'impacts any other person.'
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Wellspring and Chelsea's Fund File Lawsuit
LegalAbortion providers and four women sue, arguing bans violate 2012 constitutional healthcare freedom amendment.
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Governor Signs Two Abortion Bans
LegislativeGovernor Gordon signs 'Life is a Human Right Act' and nation's first explicit abortion pill ban into law.
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Wellspring Clinic Opens in Casper
HealthcareAfter arson delay, Wyoming's first procedural abortion clinic in 20+ years begins operations.
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Judge Blocks Trigger Ban Hours After Taking Effect
State CourtJudge Melissa Owens grants temporary restraining order, finding plaintiffs have 'most compelling arguments' under healthcare freedom amendment.
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Supreme Court Overturns Roe v. Wade
Federal CourtU.S. Supreme Court's Dobbs decision eliminates federal constitutional right to abortion, triggering Wyoming's ban.
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Abortion Clinic Torched by Arsonist
CriminalOne month before planned opening, Wellspring Health Access building in Casper set on fire, delaying launch nearly a year.
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Legislature Passes Trigger Ban
LegislativeWyoming legislature passes HB92, a trigger law banning abortion five days after Roe v. Wade is overturned.
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Voters Pass Healthcare Freedom Amendment
ConstitutionalWyoming 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.
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)
2022What 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
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)
2023What 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
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)
2010-2012What 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
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.