A Natrona County judge heard arguments on April 22 about the state's partial abortion ban.
Abortion is still largely banned in Wyoming starting around six weeks, but Judge Dan Forgey could decide to temporarily allow it again as the lawsuit continues. He didn’t give any timing for when he’ll issue his decision on a temporary restraining order.
In March, the Wyoming Legislature passed a law, the Human Heartbeat Act, which restricts most abortions when there’s cardiac activity. That typically happens around six weeks, when many people may not know they’re pregnant. There’s an exception for cases where the pregnant person’s life is at risk, but there are no exceptions for instances of rape or incest.
In late March, the plaintiffs, a group of abortion rights supporters, sued the state in Natrona County District Court, arguing the partial ban is “vague” and "arbitrary" and that it violates the Wyoming Constitution just like past abortion bans have in the state.
Members of the group have told Wyoming Public Radio that residents who have missed the about six-week-deadline are leaving the state to seek care, going to Montana or Colorado.
“So what would have been maybe a $300 medical procedure is now upwards of $1,500 simply because of the costs associated with traveling so far,” Janean Forsyth, executive director of the abortion advocacy group Chelsea’s Fund, said after the hearing, which didn’t have an accessible livestreaming option for the public.
Earlier this year, the Wyoming Supreme Court struck down two near-total abortion bans, saying they violated residents’ state-provided right to make their own healthcare decisions.
The state, however, has argued that these laws, and the new heartbeat law, are constitutional. Forsyth said a lot of the state’s arguments at the hearing revolved around it having a compelling interest to protect life.
The state has also argued the Legislature can enact “reasonable and necessary restrictions" to “protect the health and general welfare of the people,” according to the state constitution.
The plaintiffs previously tried to add this complaint to an ongoing abortion-related lawsuit in Natrona County. They’re challenging two 2025 laws, one which requires abortion clinics make certain building renovations, among other changes, and another which requires pregnant people get a transvaginal ultrasound two days before taking abortion medication.
But retired Natrona County Judge Thomas T.C. Campbell, who is assigned to the ongoing case, told the plaintiffs they need to file a separate lawsuit. He said adding another complaint to the existing case would delay final decisions.
Now, the plaintiffs are seeking a temporary restraining order, pausing the heartbeat law while litigation continues.
