Rachel Rodriguez-Williams

Wyoming’s trigger legislation to prohibit abortions was sponsored by a Park County legislator‚ Rep. Rachel Rodriguez-Williams of Cody. 

House Bill 92, passed in the budget session of the Legislature in March of 2022, was activated when the U.S. Supreme Court overturned Roe v. Wade, the 1973 Court decision which had established a constitutional right for a woman to choose to have an abortion.  

Passage of HB 92 in March already had Wyoming on record when the Court made its Roe v. Wade decision and returned the matter of abortion to state legislatures for action on a state by state basis. 

HB 92 did two things, Rodriguez-Williams, of House District 50, said. 

First, it amended statute to establish that an abortion shall not be performed (in Wyoming) except when necessary to preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions, or the pregnancy is the result of incest or sexual assault as defined in statute.

Secondly, it declared that no funds appropriated by the State of Wyoming shall be used to pay for abortions other than in the previously stated exception conditions.

Final passage in the State Senate was 24-5-1 and in the State House of Representatives 45-14-1. Among area legislators, Sens. R.J. Kost and Tim French voted for it, as did House members Jamie Flitner, Dan Laursen, Sandy Newsome and Rodriguez-Williams.

“Essentially, my intent was to make abortion as defined by state statute illegal in the State of Wyoming,” Rodriguez-Williams said. Violation is a felony punishable by up to 14 years in prison, she said.

Gov. Mark Gordon’s office said he is working with the Attorney General’s office to analyze the Supreme Court decision as part of the certification process provided for in HB 92. The bill calls for a 30-day review period which began June 24 and ends on July 24.

Rodriguez-Williams is still not happy with the wording of HB 92 that was enacted.

As the lead sponsor of HB92-Abortion Prohibition, she said she was not satisfied with an amendment that was added in the Senate which grants exception when pregnancy is the result of incest as defined by W.S. 6-4-402 or sexual assault as defined by W.S. 6-2-301. 

“Essentially, this exception has got to go,” Rodriguez-Williams said. “Unborn innocent babies do not deserve the death penalty.  I have had the pleasure of meeting prominent Americans that were conceived due to a violent act. Human value is not based on the circumstances of conception, the color of your skin or a disability.” 

“Babies conceived because of a violent act on a birth mom, shouldn’t have to justify their existence or be denied equal protection,” she added. “I am committed to protecting the unborn and am willing to run any bills necessary to close any loopholes that come to my attention.” 

Candidates voice support

Other legislative candidates standing for election this year weighed in on HB 92.

Ray Peterson, running in the SD 19 primary election, said, “I certainly agree with the trigger bill the Legislature passed in the last session, and the position we’ve taken in Wyoming concerning the practice of abortion. The issue of abortion should be a state’s right to choose. 

“I’ve never favored government-subsidized abortion clinics and procedures,” he added. “I would prefer the subsidy put towards adoption efforts for the innocent lives at risk.” 

Rex Rich, one of four vying for the HD 25 nomination, praised the passage of HB 92 trigger legislation.

“First I would like to thank our legislators, good work! We need to be very cognizant, though, that the root problem didn’t go away because we have restricted the use of abortion to end a crisis pregnancy.”

 “A crisis pregnancy is when a woman finds herself in an unwanted pregnancy. Abortion was the most permanent and, in my opinion least desirable, option to deal with a crisis pregnancy. There are many other options. I will say our local pregnancy resource center is very able to cover all the options and offer real answers and counseling to expectant mothers. As a potential legislator, I feel that we need to make sure everything reasonably and compassionately possible is being done to support the women that find themselves in a crisis pregnancy,” Rich said.

Sen. R.J. Kost, seeking re-election in SD 19, said, “As the bill reads now, I did vote in favor. My personal belief is I am Pro Life.”

Former Rep. David Northrup, a candidate for the Legislature again in HD 25, likes the way the legislation has been handled.

“I like the exemptions as they are now. I also feel that they need to remain in law. What a terrible position to be put in to carry the pregnancy of the result of incest or rape. My own wife had an ectopic pregnancy which was life-threatening, a very sad event for us as we had tried for many years to get pregnant,” Northrup related.

Rep. Dan Laursen, looking to step up from the House to SD-19, is firmly for HB 92 and preserving it.

“If a bill comes to change back to allow abortions, I will be against that. If bills are brought to tighten the law, I will be for them,” he said.