A recently retired justice on the Wyoming Supreme Court joined state leaders on April 10 in calling for God’s wisdom to play a role in a case involving two abortion bans. The “pray for life” session was meant to reach the five Wyoming Supreme Court justices who heard oral arguments on April 16. The case will determine the future of two near total abortion bans.
“I just want us to realize how important what we’re doing here is,” said House Speaker and Wyoming Freedom Caucus member Rep. Chip Neiman (R-Hulett) during the Wyoming Family Alliance (WFA) virtual prayer session. WFA is a conservative Christian parental rights group that sometimes works on statewide legislative issues.
“We're standing up for folks that can't stand up for themselves,” he said. “We're standing in the gap for those little people that can't have a voice to say anything. Lord, you've given us an opportunity now as states to be able to stand up for [them].”
Neiman sponsored a bill that became law in the last legislative session that requires Wyoming women to have a transvaginal ultrasound two days before receiving abortion pills. That and another abortion restriction are currently being litigated in Natrona County.
He was joined by WFA board member Pastor Marty Crump, Sen. Cheri Steinmetz (R-Lingle), Wyoming Right to Life president and former state representative Marti Halverson, WFA president and former representative Nathan Winters, and, perhaps most notably, former state Supreme Court Justice Keith G. Kautz. In March 2024, Kautz retired from the court now tasked with striking down or preserving the two abortion bans.
“I especially pray for the justices on the Wyoming Supreme Court,” said Kautz during the event. “May they know that the true beginning of wisdom is to acknowledge you. Give each of them wisdom and courage in deciding the case coming next week. Let them see how much you love each human and the world you created.”
In an interview with Wyoming Public Radio (WPR), Rep. Karlee Provenza (D-Laramie) said the invocations are just one example of the Legislature turning toward more overt religiosity following the November general election and a new Freedom Caucus majority in the House.
“If the God that you choose, that you believe in, is the person that's writing the law of the land,” said Provenza, “then what about the rest of the people of Wyoming who don't ascribe to that same God?”
Kautz’s participation in particular struck her as significant.
“To have someone who’s been the highest law of our land advocating for something on one side concerns me,” she said. “[Retired justices] can have their own belief system, [but] I want them to have their primary concern be the Constitution.”
Provenza drew a parallel to increasing accusations toward federal and state judges about “activist” rulings and the message she believes Kautz’s participation sends. She declined to share her religious affiliation with WPR, saying it’s a private matter and that she opts to “try my best to just keep it to myself and also keep it out of the law.”
“He absolutely is sending a message to his colleagues,” Provenza said. “I would imagine you don't leave the court and then sever your bonds with the rest of the people that serve.”
Kautz told WPR he spoke with Chief Justice Kate Fox about his ties to abortion issues as he was retiring from the bench and asked her not to call on him to adjudicate any cases in retirement due to that involvement.
It’s common for retired judges like Kautz to be called back and assigned cases, depending on staffing availability and other circumstances. That happened recently in Wyoming when retired Laramie County District Judge Thomas T.C. Campbell was assigned a separate abortion restrictions lawsuit in Natrona County. As of April 17, Campbell has yet to issue an initial ruling on that newer lawsuit.
“Because of my interest in this particular issue, abortion, and the right to life and the sanctity of life, I thought it would be better for me and the judiciary for me not to be assigned any cases,” said Kautz, who attends a church in Cheyenne affiliated with a denomination of the Baptist church called Converge. “[In terms of the prayer event,] I’m really grateful for the opportunity to speak and pray about the value of every human life, including unborn babies.”
He pointed to his First Amendment right to do so. WPR asked Kautz if he thinks his former colleagues, some of whom might practice different religious beliefs than him or might not have religious belief systems at all, might feel undue pressure from him as a retired justice publicly praying over them and their decision.
“I sure hope not,” he said, adding that he didn’t know of any other justices participating in a similar political prayer-centered event during his nine years on the court. “I hope no one is offended when I say ‘I’m going to pray for you. I want good things for you. I want you to see how the whole world fits, and I want God’s blessing on you.’ It’s just a truth that every human being has incredible value and that every baby, even an unborn baby, is a human being. I believe that’s the truth, and that’s what I’m willing to pray for anyone for.”
The prayer session Kautz attended included Right to Life President Halverson, who mentioned each justice on the Supreme Court by name in her prayer.
“Fill the heart of Chief Justice Kate Fox,” said Halverson. “She carries in her purse a picture of the ultrasound of her grandchild. May she look at that picture and see the millions of children that are at risk.”
Steinmetz, a Freedom Caucus ally in the state Senate, also spoke.
“God, I pray that you would send in the angel armies, the heavenly hosts, to fight on behalf of the innocent lives,” said Steinmetz.
“They got their unconstitutional laws in place, and now they're trying to see it through,” said Provenza when asked about other participants in the session besides Kautz. “Good for them. I'm glad that they're seeing it through with thoughts and prayers. I wish the efforts and the advocacy that we were bringing forward was for the people of Wyoming and their safety. The reality is that the laws that we impose put women at risk.”
Oral arguments for the case occurred April 16 in Cheyenne. A ruling on the case is not expected until mid-August at the latest. Procedural and medication abortions remain legal in Wyoming pending the outcome of the lawsuit.
This reporting was made possible by a grant from the Corporation For Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
