Albany County Democrats Wyoming

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Reproductive Rights in Wyoming

Wyoming Supreme Court rules: 'A woman has a fundamental right to make her own health care decisions'

'Unintended Consequence' of 2012 Amendment Leaves High Court No Choice

Wyomng women knew all along it was a "fundamental right"

Freedom Caucus Vows To Put ANOTHER Antio-abortion mendment on the Ballot

Every opponent of women’s rights should be wondering about Wyoming’s biggest-ever political “unintended consequence.” Or maybe just contemplate the meaning of “Be careful for what you wish.”

It was a really good idea in 2012 to to amend the state constitution, extending a middle finger to Obamacare, right? And so easy, right? (Lawmakers pretended they put the amendment on the ballot because they didn't like the tax penalties people faced at the time for not having insurance.)

Article 1, Section 38 now reads, “Each competent adult shall have the right to make his or her own healthcare decisions.” Over three-quarters of Wyoming voters said “Yes.”

Those words required the state Supreme Court to reject both of the abortion bans Jan. 6, “A woman has a fundamental right to make her own health care decisions, including the decision to have an abortion.”

The New Yorker reported, “Another part of the amendment (Article 2) grants the legislature power to ‘determine reasonable and necessary restrictions’ on health care ‘to protect the health and general welfare of the people.’ But.

The 4-1 ruling added, “The State did not meet its burden of demonstrating the Abortion Laws further the compelling interest of protecting unborn life without unduly infringing upon the woman’s fundamental right to make her own health care decisions. As such, the Abortion Laws do not constitute reasonable and necessary restrictions on a pregnant woman’s right to make her own health care decisions.”

The justices made clear there was no “judicial activism,” a favorite boogeyman of the Right Wing.

“In a brief introduction to the opinion, ‘The Court recognized it cannot add words to the Wyoming Constitution, that’s not its job.’”

Gov. Mark Gordon, hours after the ruling, asked Attorney General, Keith Kautz to file a petition for a rehearing before the high court. A “rehearing” is allowed at the Supreme Court under Wyoming law and is roughly equivalent to an appeal.

Relish the irony of a comment reported by Wyoming Public Media. Then-Sen. Drew Perkins (R-Casper) said in 2011 when the Right Wing mistake was before the legislature, “I think it’s about choice, about whether you’re free to choose it, about whether you’re free not to choose it.” Perkins is now Gov. Mark Gordon’s chief of staff.

It gets better.

Former Sen. Phillip Nicholas (R-Laramie) even brought up abortion issues back in 2011.

“Suppose the issue is the person's right to reproductive options,” he said. “That's a healthcare decision and seems to me that a competent adult, under this, should have that right.”

The New Yorker continued, “ … the true significance lies elsewhere …while the Court’s finding that these specific laws are unconstitutional is important, its recognition that the constitutional right to make healthcare decisions is a fundamental right is even more significant. This right is subject to the highest level of protection and could have greater long-term impact.”

The New Yorker concluded, “It should come as no surprise that one of the consequences of amending the constitution to create a new individual right will be additional legal challenges. This is a reason amendments of the constitution should be pursued with caution and sufficient forethought.”

And a weepy-eyed arch-enemy of women’s reproductive rights, House Speaker Chip Neiman (R-Hulett) has already begun work on ANOTHER state constitution amendment to make abortion illegal.

Wrapping up his speech, Nicholas said, “I do believe that it creates a lot of issues that you really have to begin to wonder on second reading whether or not this is an appropriate constitutional amendment with a new guarantee.”

Wyoming Constitution

This is what the constitution says:

Section 1, Article 38

(a) Each competent adult shall have the right to make his or her own health care decisions. The parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person.

(b) Any person may pay, and a health care provider may accept, direct payment for health care without imposition of penalties or fines for doing so.

(c) The legislature may determine reasonable and necessary restrictions on the rights granted under this section to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution.

(d) The state of Wyoming shall act to preserve these rights from undue governmental infringement.

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Want to know more? Check out these resources:

ACLU of Wyoming - general site

Planned Parenthood of the Rocky Mountains - general site

Planned Parenthood, Fort Collins

825 S Shields St.

970-493-0281

Pro-Choice Wyoming - general site

Pro-Choice Wyoming - donate here

Wellspring Health Access- general site