Wyoming Judge Blocks State’s Near-Total Abortion Ban Amid Legal Challenge

By admin On Aug 12, 2022

A judge in Wyoming has blocked a new law from taking effect which would have banned nearly all abortions in the state.

On Wednesday, Teton County District Judge Melissa Owens issued an injunction against House Bill 92, which Gov. Mark Gordon signed into law in March.

According to The Christian Post, Owens’ ruling follows a previous ruling blocking the law in July that has since expired.

She argued on Wednesday that it is not “a case about the moral propriety of Wyoming’s restrictions” but if the abortion ban is “constitutional under Wyoming law.”

The legislation, which bans abortions except in cases of rape, incest, and medical emergencies, was signed as a trigger law that was supposed to take effect after the Supreme Court overturned Roe V. Wade in June. However, multiple plaintiffs, including an abortion provider and a pregnant woman, sued the state right before the ban took effect.

The preliminary injunction will remain in effect unless the state files an appeal to the Wyoming Supreme Court or until the litigation is adjudicated.

According to The Star Tribune, Dr. Giovannina Anthony, who works at the state’s only abortion clinic, argued before the court that the ban was too vague when it comes to which abortions were and were not allowed.

“That vagueness creates uncertainty, especially in pregnancies that are desired but complicated,” Anthony said.

“The legal quagmire created by the abortion ban was really terrifying as a provider, to be sure you’re providing evidence-based care without breaking the law.”

On the other hand, Special Assistant Attorney General Jay Jerde, argued in support of the abortion ban, saying that the “issue at the heart of this case is whether the Wyoming constitution confers a right to abortion.”

“The answer to that is no, either implicitly or explicitly. Abortion is not a fundamental right, we know that from Dobbs,” he continued, referring to the U.S. Supreme Court case Dobbs v. Jackson.

Milton Quintanilla is a freelance writer. He is also the co-hosts of the For Your Soul podcast, which seeks to equip the church with biblical truth and sound doctrine. Visit his blog Blessed Are The Forgiven.

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