A Wyoming state judge has temporarily blocked enforcement of the state’s new abortion restriction law that bans the procedure once a fetal heartbeat is detectable, typically around six weeks of pregnancy.
Natrona County District Judge Dan Forgey issued the temporary injunction on Friday against the Human Heartbeat Act while litigation continues. In his ruling, Forgey wrote that abortion rights organizations challenging the law demonstrated “a sufficient showing of irreparable injury,” and noted that state defendants did not adequately dispute that claim.
Forgey also found that the plaintiffs presented a “sufficient showing of probable success” under Article 1, Section 38 of the Wyoming Constitution, which affirms that adults have the right to make their own health care decisions.
The decision follows earlier action by the Wyoming Supreme Court, which struck down other abortion restrictions in the state, ruling they conflicted with constitutional protections. In response, Republican lawmakers advanced the heartbeat legislation in an effort to establish a narrower restriction.
The law was signed in March by Republican Gov. Mark Gordon. It includes exceptions in cases of medical emergencies and when the life of the mother is at risk. It also imposes criminal penalties on providers who violate the law, including potential felony charges, prison time of up to five years, and fines up to $10,000.
At the time of signing, Gordon said he supported the measure based on his pro-life position but warned it was likely to face immediate legal challenges. He also suggested that a constitutional amendment approved by voters could provide a more durable framework for the issue in Wyoming.
Before the injunction, Wyoming had joined a group of states adopting restrictions on abortion after detection of fetal cardiac activity, typically around six weeks of pregnancy. Previously, abortion access in Wyoming was permitted up to fetal viability, generally around 24 weeks.
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