Wyoming House Passes New Abortion Legislation

A bill that would remove exemptions for rape and incest cases under Wyoming abortion law passed a final vote in the Wyoming House on Wednesday and now moves on to the Wyoming Senate, with some significant changes.

You can read House Bill 152, the ''Life is a Human Right Act," here.

The new law as originally written was intended to replace the current Wyoming abortion "trigger law" that is currently the subject of a court fight. That law was passed by the legislature last year.

But the House has amended the current bill to include the following:

This act shall be effective five (5) days after the 4 date that the governor, on advice of the attorney general, 5 certifies to the secretary of state that the Wyoming supreme court 6 has determined that 2022 Wyo. Sess. Laws Ch. 88 is 7 unconstitutional.".

The amendment was opposed by the bill's sponsor, Rep. Rachel Rodriguez-Williams, but passed on a 34-28 vote.

Last year's abortion bill was known as a trigger law because it was triggered by the U.S. Supreme Court's overturning of the Roe vs. Wade decision last year, That 1973 decision legalized abortion in the U.S. Last year's court decision does not make abortion illegal in the United States, but it does give state's the ability to do so.

But Wednesday's amendment essentially makes House Bill 152 a trigger law as well, since it would be triggered by the Wyoming Supreme Court striking down the current law. Pro-life advocates say they are concerned about the state not having any law banning abortion on the books of the 2022 bill is struck down.

Abortion is currently legal in Wyoming, pending a court verdict on the 2022 law.

If the Wyoming trigger law survives it's court challenge, it would outlaw abortion, but it does contain exemptions for pregnancies stemming from rape or incest. The trigger law is currently blocked by a temporary district court order.

Here is how the House voted on the final version House Bill 152:

Ayes: Allemand, Allred, Andrew, Angelos, Banks, Bear, Berger, Burkhart, Jr, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Hornok, Jennings, Knapp, Larson, JT, Lawley, Locke, Neiman, Newsome, Niemiec, Northrup, Oakley, Obermueller, O'Hearn, Olsen, Ottman, Pendergraft, Penn, Rodriguez-Williams, Singh, Slagle, Smith, Strock, Tarver, Styvar, Trujillo, Ward, Washut, Western, Winter, Wylie
Nays: Brown, Byron, Chadwick, Chestek, Henderson, Larsen, Lloyd, Nicholas, Provenza, Sherwood, Stith, Storer, Walters, Yin, Zwonitzer, Dan, Zwonitzer, Dave, Speaker Sommers

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Filed Under: 2023 Wyoming Legislature

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