‘Life is a Human Right Act’ becomes law, target of lawsuit

The approval of the legislation — “The Life is a Human Right Act” — was accompanied almost immediately by a lawsuit by two women, two doctors and two health-care providers who filed a joint suit in Teton County on March 17. The lawsuit claims the new law imperils women, imposes Christianity on those with other belief systems, discriminates based on gender and violates the state’s Constitution.

Teton County District Court Judge Melissa Owens has scheduled a 1 p.m. emergency hearing March 22 to consider a request for a restraining order of the act.

Owens had blocked Rodriguez-Williams’ “abortion trigger ban” last year. That legislation was awaiting a court hearing at the time the “Life is a Human Right Act” became law.

In a March 17 letter to Wyoming Secretary of State Chuck Gray, Gordon explained that Rodriguez- Williams’ legislation “will become law without my signature as it seems to be the will of the legislature.”

Gordon said he appreciated House Bill 152’s effort to “improve Wyoming’s pro-life legal framework and preemptively clarify some of these legal questions.” He also said allowing the bill to become law continued his “strong record of protecting the lives of the unborn, as well as their mothers.”

But the governor also noted that approving the new law would likely delay necessary answers about the constitutionality of the state’s abortion laws.

“In practice, this bill would complicate and delay the resolution of these central and foundational constitutional questions,” Gordon wrote.

Gordon also wondered whether the work done in HB 152 should have been proposed as an amendment to the state Constitution and voted on by the people of the state. He noted that Rodriguez-Williams’ approach to clarifying constitutional provisions through legislation “is a rare and largely untested approach in Wyoming law.”

“Such a practice is likely to create more legal questions for the court to unravel, while simultaneously dispossessing the people of their voice in such significant matters,” the governor wrote.

Gordon further noted “inconsistencies between the exceptions and penalties” listed in HB 152 and another pro-life bill he signed into law this session: Senate File 109. The latter makes it illegal “to prescribe, dispense, distribute, sell or use any drug for the purpose of procuring or performing an abortion on any person,” with a few exceptions.

Despite the governor’s concerns — and the litigation that has already accompanied the new bill — Rodriguez-Williams said she was “proud of the legislative branch’s pro-life stance” as displayed in its approval of both the “Life is a Human Right Act” and SF 109.

“Through passing my bill, this state has affirmed that life is a human right and that women and families facing unplanned pregnancies deserve real support,” she said. “The people of Wyoming have made it clear, through those they’ve elected, that they want to protect life, and I believe this law does that. It supports women, respects the integrity of the medical profession and will save lives.”

The Wyoming Freedom Caucus — a group of legislators focused on introducing and promoting conservative legislation — said in a March 19 press release they were “celebrating” Gov. Gordon’s decision. Rodriguez-Williams is a member of the freedom caucus.

“HB0152 makes clear what science has already recognized: preborn babies are members of the human race from conception, and should be treated by the law as such,” the caucus members wrote. “Any and all measures to protect life must be pursued, and we are overjoyed that in Wyoming, our efforts are finding favor.”