The legislation bans abortion throughout pregnancy but carves out specific exceptions to allow doctors to perform abortions to preserve the life or health of the mother, in cases of rape or incest, or in the case of a diagnosed lethal fetal anomaly. The act also clarifies that care for women suffering from an ectopic pregnancy, as well as procedures to care for a woman following a miscarriage, are not considered abortions and will not be affected by the law.
The act would make the performing of an illegal abortion a felony punishable by a fine of up to $20,000, imprisonment for not more than five years, or both. In addition, a doctor performing an abortion could lose their license. The act provides no penalty for the woman seeking an abortion.
The Wyoming House approved the bill on a 46-16 vote on Feb. 8. The Senate approved it March 1 with 25 voting for the bill, five voting against it and one legislator absent, the Cody Enterprise newspaper reported.
Wyoming has a “trigger law” in place that banned all abortions, with a few exceptions, upon the overturning of Roe v. Wade, which took place last June. On July 21, 2022, Attorney General Bridget Hill informed Gov. Mark Gordon that the trigger law will be fully authorized, allowing it to come into effect. That law also had exceptions for rape, incest or when the mother’s life is in danger.
A few Wyoming lawmakers expressed concerns that the new law is very similar to the trigger law, which got blocked last year.
On July 27, 2022, a Wyoming court put a temporary hold on the enactment of the trigger law. The law is now blocked indefinitely while legal challenges play out in court after Teton County District Court Judge Melissa Owens approved a new preliminary injunction Aug. 11.