USA TODAY International Edition

Wyo. abortion ban is temporaril­y blocked

- Christine Fernando

A Wyoming judge temporaril­y blocked a state abortion ban that took effect over the weekend, a decision that makes abortion legal in the state for now.

Teton County District Court Judge Melissa Owens granted an order Wednesday blocking the law's enforcemen­t for at least two weeks as the court considers a lawsuit filed against the state by abortion providers.

The sweeping Life is a Human Right Act bans abortions in the state at all stages of pregnancy, except in cases of rape or incest or to save the pregnant person's life.

Owens did not weigh in on another abortion law set to take effect July 1 that bans the manufactur­ing, distributi­on and sale of abortion pills. Wyoming is the first state in the country to ban abortion pills.

The decision comes after a hearing Wednesday during which abortion access advocates argued the law harms pregnant people and violates rights granted in the state Constituti­on.

An amendment in the Wyoming Constituti­on says adults have a right to make their own health care decisions. As a result, Republican lawmakers defined abortion as “not health care” in the ban.

Owens said it's up to the courts, not lawmakers, to decide what constitute­s health care in this case.

“The state can not legislate away a constituti­onal right,” Owens said in an oral decision. “It's not clear whether abortion is health care. The court has to then decide that.”

Wyoming governor, abortion rights advocates respond

Republican Gov. Mark Gordon said in a statement that he was disappoint­ed by the judge's ruling but looked forward to defending the abortion ban in court.

Meanwhile, Julie Burkhart, president of the abortion access nonprofit Wellspring Health Access, celebrated the decision.

“We are relieved and delighted that abortion will remain legal in Wyoming,” she said in a statement. “Regardless of how anti- choice legislator­s try to spin it, abortion is health care, and Wyomingite­s have a constituti­onal right to that care.”

The nonprofit is preparing to open the state's only full- service clinic to provide surgical and medication abortions in Casper after its opening was delayed by an arson fire last year. Wyoming has only one other abortion provider, in Jackson.

 ?? KATHRYN ZIESIG VIA AP ?? Dr. Giovannina Anthony, second from left, a plaintiff in a lawsuit challengin­g Wyoming's new abortion ban law, hugs her attorney.
KATHRYN ZIESIG VIA AP Dr. Giovannina Anthony, second from left, a plaintiff in a lawsuit challengin­g Wyoming's new abortion ban law, hugs her attorney.

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