Governor Gordon Signs Bill Banning Abortion If Heartbeat Is Detectable

Wyoming Governor Mark Gordon on Monday signed a bill into law that bans abortions if a heartbeat is detectable in the fetus.

You can read House Bill 126 here.

The bill says that a health care provider who performs an abortion if a fetal heartbeat is present, or who fails to check for a heartbeat, could be charged with a felony and have their medical license revoked. If convicted on the felony charge, a provider could get a sentence of up to five years in prison and/or a $10,000 fine.

The bill does contain an exception for medical emergencies, but not for rape or incest cases.

The bill takes effect immediately, but a court battle over the bill is virtually certain. The Wyoming Supreme Court in January struck down two Wyoming anti-abortion laws on the grounds that they violated a provision of the Wyoming Constitution that says adults have the right to make their own healthcare decisions. That amendment was added to the state constitution in 2012 in response to concerns that the federal Affordable Care Act would mandate medical decisions to state residents that they may not agree with.

The bill responds to that provision of the state constitution with the following:

 "Article 1, section 2 of the Wyoming constitution recognizes that all members of the human race have an equal right to life. Unborn children are members of the human race. The general welfare of the state of Wyoming and its people necessarily includes the preservation of life. In State v. Johnson, 2026 WY 1, the Wyoming supreme court acknowledged that the state has an interest "in protecting the life that an abortion would end." The legislature finds that a right to life is the most fundamental of all rights, and the state has a compelling interest in protecting that life;"

While Governor Gordon singed the bill into law, he did express some concerns. In a signing letter to House Speaker Chip Neiman, the governor wrote:

“Life is sacred,” Governor Gordon said. “Despite 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. It does not offer the durable solution I had hoped for, and it does not put the issue before the people of Wyoming from whom, according to Article 1 of our Wyoming Constitution, all governmental power derives.”