- Posted January 7, 2026
Wyoming Supreme Court Keeps Abortion Legal in the State
Abortion will stay legal in Wyoming after the state Supreme Court ruled that a pair of abortion bans passed by lawmakers violate the state constitution.
Tuesday’s ruling blocks a nearly complete abortion ban as well as a separate law that would have made Wyoming the only U.S. state to explicitly ban abortion pills.
In a 4-1 decision, the justices sided with the state’s only abortion clinic, Wellspring Health Access, abortion access advocates and four women, including two doctors, who challenged the laws.
All of the justices were appointed by Republican governors.
The laws were passed after the U.S. Supreme Court overturned Roe v. Wade in 2022.
At the core of the case was an amendment to the state constitution approved by voters in 2012, giving competent adults the right to make their own health care decisions.
While the amendment was not written with abortion in mind, the court said it could not rewrite the constitution to exclude it.
The justices said that it’s not their job to “add words” to the state constitution, according to the Associated Press.
“But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices wrote.
The ruling shows that abortion is considered essential health care under the current state constitution, Julie Burkhart, president of Wellspring Health Access, told The AP.
“Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions, and our patients in Wyoming will be able to obtain this care without having to travel out of state,” she said.
Wellspring Health Access opened in Casper in 2023 as Wyoming’s only abortion clinic, after a delay caused by an arson attack. A woman later pleaded guilty to setting the fire and is serving a five-year prison sentence.
State attorneys had argued that abortion is not health care and, therefore, not protected by the constitution.
Republican Gov. Mark Gordon said he was disappointed by the decision and called on lawmakers to pursue a constitutional amendment banning abortion.
“This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself," Gordon said. "It is time for this issue to go before the people for a vote.”
Any amendment would need a two-thirds vote to be introduced in as a nonbudget matter in Wyoming’s Republican-led legislature. It begins a session in February that will be devoted primarily to the state budget.
The two overturned laws included one that would have banned abortion except to save a pregnant woman’s life or in cases of rape or incest, and another that would have banned abortion medication completely.
Abortion has remained legal in Wyoming while the case moved through the courts. In 2024, a judge struck down the bans as unconstitutional.
Lawmakers have also passed other abortion restrictions, including clinic licensing requirements and ultrasound rules for medication abortions. Those laws remain blocked under a separate case.
In all, 13 states ban abortion entirely, following a November ruling by North Dakota’s Supreme Court upholding that state’s abortion ban.
More information
The World Health Organization has more on abortion.
SOURCE: The Associated Press, Jan. 6, 2026
