Yahoo Movies Judge temporarily blocks Wyoming abortion ban days after it took effect
A Wyoming judge temporarily blocked a state abortion ban that took effect over the weekend, a decision that makes abortion legal in the state for now.
Teton County District Court Judge Melissa Owens granted an order Wednesday blocking the law's enforcement for at least two weeks as the court considers a lawsuit filed against the state by abortion providers.
The sweeping Life is a Human Right Act bans abortions in the state at all stages of pregnancy, except in cases of rape or incest or to save the pregnant person's life.
Owens did not weigh in on another abortion law set to take effect July 1 that bans the manufacturing, distribution and sale of abortion pills. Wyoming is the first state in the country to ban abortion pills.
PREVIOUS REPORTING: Wyoming to ban abortion pills as nationwide battle over abortion laws continues
Wyoming judge says courts must decide if abortion is health care
The decision comes after a hearing Wednesday during which abortion access advocates argued the law harms pregnant people and violates rights granted in the state Constitution.
An amendment in the Wyoming Constitution says adults have a right to make their own health care decisions. As a result, Republican lawmakers defined abortion as "not health care" in the ban.
OKLAHOMA SUPREME COURT RULING: State constitution allows for abortions in life-threatening pregnancies
Owens said it's up to the courts, not lawmakers, to decide what constitutes health care in this case.
"The state can not legislate away a constitutional right," Owens said in an oral decision. "It’s not clear whether abortion is health care. The court has to then decide that."
Wyoming governor, abortion rights advocates respond
Republican Gov. Mark Gordon said in a statement that he was disappointed by the judge's ruling but looked forward to defending the abortion ban in court.
Meanwhile, Julie Burkhart, president of the abortion access nonprofit Wellspring Health Access, celebrated the decision.
"We are relieved and delighted that abortion will remain legal in Wyoming," she said in a statement. "Regardless of how anti-choice legislators try to spin it, abortion is health care, and Wyomingites have a constitutional right to that care."
The nonprofit is preparing to open the state's only full-service clinic to provide surgical and medication abortions in Casper after its opening was delayed by an arson fire last year. Wyoming has only one other abortion provider, in Jackson.
Dig Deeper: Access to medication abortion
Nationwide battle over abortion laws continues: Wyoming to ban abortion pills
Landmark Polish case: Activist convicted for helping domestic violence victim obtain abortion pills
Texas lawsuit: Judge hears arguments in lawsuit that could force major abortion pill off market nationwide
Meet the judge: Who is Judge Matthew Kacsmaryk and why is the mifepristone case in his court?
Contributing: The Associated Press
Contact Christine Fernando at cfernando@usatoday.com or follow her on Twitter at @christinetfern.
This article originally appeared on USA TODAY: Wyoming abortion ban temporarily blocked by district judge
