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The adoption of this amendment will provide that the right to make health care decisions is reserved to the citizens of the state of Wyoming. It permits any person to pay and any health care provider to receive direct payment for services. The amendment permits the legislature to place reasonable and necessary restrictions on health care consistent with the purposes of the Wyoming Constitution and provides that this state shall act to preserve these rights from undue governmental infringement. | |||||||||||||||||||
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Constitutional Amendment A was a Wyoming Constitutional Amendment which was passed in 2012, principally in opposition to the Affordable Care Act (ACA).
The amendment was primarily sponsored by Wyoming State Senator Leslie Nutting (7th district) [1] intended to prohibit people from being compelled to participate in the ACA. [2] Opponents of the amendment said that the amendment would disallow healthcare access to many Wyoming residents, [3] and that the amendment would have unintended consequences. [1]
The amendment created a new Section 38 within Article 1 of the Wyoming constitution entitled "Right of health care access". [4] Amongst other things, the amendment created the following line within the Wyoming Constitution:
Each competent adult shall have the right to make his or her own health care decisions.
— Wyoming Constitution, Excerpt of Article 1, Section 38
The amendment was created as a ballot measure and put to voters on 6 November 2012 at the same time as other Wyoming elections. It passed by 76% to 23%.
Choice | Votes | % |
---|---|---|
For | 181,984 | 76.9 |
Against | 54,405 | 23.0 |
Invalid or blank votes | 14,312 | 5.7 |
Total | 250,701 | 100 |
Following the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturning of Roe v. Wade in 2022, state legislatures were allowed to regulate any aspect of abortion. The Wyoming State Legislature passed HB92, a trigger law that would ban abortion beginning five days after the overturn of Roe v. Wade. [5] The amendment had the unintended impact of allowing a lawsuit against HB92 that alleged that HB92 violated the state constitution by denying competent individuals the right to make their own health care decisions. [6] [7] [8]
A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion in Louisiana is illegal as of August 1, 2022.
Abortion in Missouri is nominally legal up to the point of fetal viability as a result of 2024 Missouri Amendment 3 taking effect on December 6, 2024, 30 days after the November 5, 2024 general election. Although it is legal, legal challenges to allow access are ongoing.
Abortion in Arizona is legal up to the point of fetal viability as a result of Arizona Proposition 139 being put into the Arizona state constitution. It is the southernmost continental state where abortion is broadly protected.
Abortion in Arkansas is illegal except when it is necessary to save the life of the pregnant individual. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.
Abortion in Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.
Abortion in Kansas is legal. Kansas law allows for an abortion up to 20 weeks post-fertilization. After that point, only in cases of life or severely compromised physical health may an abortion be performed. In July 2024, the Kansas Supreme Court struck down two abortion restrictions.
Abortion in Michigan is legal throughout pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.
Abortion in Nebraska is mostly illegal after the 12th week of pregnancy.
Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The 2023 American Values Atlas reported that, in their most recent survey, 76% of Vermonters said that abortion should be legal in all or most cases. The state funds abortions deemed medically necessary for low-income women via Medicaid.
Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
Abortion in Iowa is illegal after detection of embryonic cardiac-cell activity. Embryonic cardiac-cell activity can be detected from around six weeks after the pregnant individual's last menstrual period, when many people are not yet aware that they are pregnant. Exceptions for the abortion ban after detected embryonic cardiac-cell activity include some instances of rape, incest, fetal abnormalities and threats to the pregnant individual's life.
Abortion in Wyoming is legal up to fetal viability. A temporary court injunction was filed against an attempted near total abortion ban in 2023, and a Wyoming judge struck down the abortion ban in 2024.
Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning to the federal and state legislatures the power to regulate any aspect of abortion not protected by federal statutory law.
The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2, 2022, alongside primary elections for statewide offices, with early voting from July 13. If enacted, the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion, giving the Kansas state government power to prosecute individuals involved in abortions, and further declared that the Kansas government is not required to fund abortions.
Proposition 1, titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10), was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote, the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives, making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.
2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.
The 2022 Vermont reproductive rights initiative, officially titled the "Reproductive Liberty Amendment", and listed on the ballot as Proposition 5, was a legislatively referred constitutional amendment that was adopted on November 8, 2022, by a landslide majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont. It was signed into the constitution by Republican governor Phil Scott on 13 December 2022.
South Dakota Amendment G was a proposed constitutional amendment that appeared on the ballot on November 5, 2024. If passed, the amendment would have established a right to abortion in the Constitution of South Dakota up until approximately the beginning of the third trimester of pregnancy. The amendment failed to pass, making it the second referendum about abortion since Dobbs to come out as anti-abortion and preserve the state's ban.