Wyoming judge places temporary injunction on 'heartbeat law'

A Wyoming judge has placed a temporary injunction on the state's "Heartbeat Law," which had protected preborn children from abortion after about six weeks in pregnancy, which is typically when the human heartbeat can be detected on ultrasound.

Key Takeaways:

• Natrona County District Judge Dan Forgey placed a temporary injunction on a Wyoming law prohibiting abortion after the preborn child's heartbeat is detected.

• The law, which was enacted in March, was challenged by several abortionists in the state.

• In his ruling, Forgey referenced the state Supreme Court's overturn of two previous pro-life laws, including one banning abortion and one outlawing abortion pills.

The Details:

The April 24 decision by Natrona County District Judge Dan Forgey placed a temporary injunction on the state's latest law protecting preborn children from abortion.

After the law's passage in March, several abortionists within the state sued, arguing that the law was unconstitutional because the state's language protects the so-called "right" to abortion. It's an argument that has played out before in the state, and thus far, has prevailed.

In his ruling, Forgey said the plaintiffs “made a sufficient showing of irreparable injury,” on account of the law, while maintaining that “the state defendants did not persuasively argue otherwise.”

Forgey also referenced a state Supreme Court decision in January, which overturned a state law banning abortion as well as one outlawing abortion pills.

“The plaintiffs have on this record made a sufficient showing of probable success that justifies their request for temporary injunctive relief, particularly when the statues at issue are evaluated and considered according to Article 1, [Section] 38 of the Wyoming Constitution, and how the Wyoming Supreme Court applied it in Johnson.” 

Zoom In:

Wyoming Governor Mark Gordon signed the Human Heartbeat Act, HEA 29, into law in March. As he did so, Gordon acknowledged his support of pro-life legislation while also expressing his dismay that the bill would likely be subject to litigation and an eventual injunction by the courts, just as the state's previous pro-life legislation had been overturned.

"Today I signed the Human Heartbeat Act (HEA 29) into law, reaffirming my view that life is sacred. I resoundingly share the determination to defend the lives of unborn children and support the intentions behind the Human Heartbeat Act," he said at the time.

"Yet, I share concerns with many others, regrettably, that this Act represents another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy." He added:

"The solution I had hoped for is to put the issue before a vote of the people of Wyoming from whom, according to Article 1 of our Wyoming Constitution, all governmental power derives. While I support the upright, moral intentions behind HEA 29, I believe this Act very likely puts us back in the all too familiar and unfortunate territory of pro-life litigation.

Rather than finding a remedy that saves the unborn, I fear we have only added another chapter to the sad saga of repeatedly trying to force a specific solution that will not uphold the legal scrutiny of the courts."

The Bottom Line:

After the decision, the Wyoming Freedom Caucus tweeted on X:

"Another judge has blocked our law to protect unborn babies," the group stated. "According to Judge Forgey, abortionists suffer irreparable harm when they’re stopped from ending another person’s heartbeat. The real victims of irreparable harm are those whose lives are ended by abortion."