Wyoming Gov. Says Near-Total Abortion Ban Has ‘Unfortunate Flaw’; Signs Anyway

It’s been over 150 years since Wyoming was named the Equality State when, in 1869, Gov. John Campbell signed the country’s first-ever piece of legislation granting women suffrage. But thanks to the hard work of Gov. Mark Gordon (R) and his anti-abortion agenda, the state on Monday really bucked that title. 

Gordon (who’s never been a friend to women) this week signed HB126, joining Florida, Georgia, Iowa, and South Carolina in prohibiting abortion after a fetal heartbeat can be detected (about six weeks’ gestation) without any exceptions. But in a letter to House Speaker Chip Neiman (R), Gordon admitted he had some doubts, that “despite the upright moral intentions,” he didn’t think the law was “the durable solution Wyoming needs,” and that having zero exceptions for rape or incest was an “unfortunate flaw.” In other words, he passed a clearly incomplete piece of legislation that he disagreed with because… of what? Did someone have a gun to his head?

“With so many across Wyoming already struggling to access reproductive health care, restrictive policies like these take us further in the wrong direction,” Julie Burkhart, the president of Wellspring Health Access—which is the state’s only abortion clinic—told Jezebel in a statement. “This ban is an attack on Wyomingites’ constitutional freedom to make their own health care decisions, and it puts the health and well-being of our communities at risk.”

Earlier this year, Wyoming’s Supreme Court ruled women have a “fundamental right” to abortion, striking down the state’s two abortion bans by ruling that they violated the state constitution. And according to Wyoming Public Radio, a separate lawsuit filed by a Jackson-based OB-GYN over the state’s conflicting abortion laws is currently preparing to amend a complaint by asking the judge for a temporary restraining order to block HB0126. 

The bill was introduced and sponsored by Neiman in early February, who asserted during a committee meeting that it would draw a “line in the sand.” “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,” he said. Seems like it wasn’t even palatable for the governor…

Before HB0126, abortion in Wyoming was allowed until fetal viability—or between 24 and 26 weeks’ gestation. But the ban is effective immediately, and any health care provider who violates it can lose their medical license and be charged with a felony, thus facing up to five years in prison, and/or a $10,000 fine. The only exception is to protect the life of the mother. 

On Monday, Gordon tweeted that he has “concerns” that the policy could just be “another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy,” adding: “Rather than finding a remedy that saves the unborn, I fear we have only added another chapter to the sad saga of repeatedly trying to force a specific solution that will not uphold the legal scrutiny of the courts.” 

WPR reports Wellspring is cancelling abortion appointments with patients who are in their second trimester and sending them to states where they can terminate their pregnancies, but they otherwise plan on operating as normal. “We are prepared to challenge this ban in court and fight to protect reproductive rights, health and freedom in Wyoming,” Burkhart said in her statement. “We will also continue to work with our regional and national partners, including clinics, abortion funds and practical support groups, to help our patients access the care they need.”

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