Wyoming has enacted new legislation restricting abortions once a fetal heartbeat can be detected, becoming the latest state to adopt such a measure following a recent court decision that invalidated the state’s previous near-total abortion ban.
Republican Gov. Mark Gordon signed House Bill 126 into law this week after it passed with strong support in the Republican-led legislature. The Wyoming House of Representatives approved the bill in a 51-7 vote, and the state Senate followed with a 27-4 vote.
Pro-life advocates welcomed the development. Carol Tobias, president of National Right to Life, praised the measure in a statement released Tuesday.
“We thank Governor Gordon for signing this vital law,” she said. “Wyoming’s action reflects an ongoing national conversation about how our laws should recognize the humanity of the unborn child while ensuring that her mother receives appropriate care.”
The new law comes after the Wyoming Supreme Court ruled earlier this year that the state’s near-total abortion ban violated the Wyoming Constitution. In January, the court determined that the ban conflicted with Article 1, Section 38, which protects individuals’ rights “to make his or her own health care decisions.”
Supporters of House Bill 126 argue the legislation is structured differently from the earlier ban and could withstand judicial scrutiny. The bill’s language notes that the court acknowledged the state has an interest “in protecting the life that an abortion would end.”
Under the new law, individuals who violate the provisions could face penalties including up to five years in prison, fines of up to $10,000 or both, along with the possible loss of their professional license.
The legislation also includes several additional requirements. Physicians performing abortions must offer patients the opportunity to view an ultrasound image of their unborn child. The law further restricts abortions involving minors, requiring doctors to notify parents at least 48 hours beforehand and obtain written consent from both the minor and at least one parent.
Any exceptions to the provision about parental consent for abortion must be adjudicated in court.
If the law remains in effect after potential legal challenges, Wyoming will become the fifth state to enact a heartbeat bill, joining Florida, Georgia, Iowa and South Carolina.
Twelve states currently prohibit most abortions throughout pregnancy, with limited exceptions. Those states include Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Oklahoma, South Dakota, Tennessee, Texas and West Virginia.
Nebraska and North Carolina have laws banning most abortions after 12 weeks of gestation, while near-total abortion bans in North Dakota and Utah remain tied up in ongoing legal challenges. In the remaining 29 states, abortion laws include few or no restrictions protecting unborn children.
