A Natrona County judge has temporarily blocked Wyoming’s Human Heartbeat Act, a law aimed at protecting unborn babies from abortion once the baby’s heartbeat is detectable.
Natrona County District Judge Dan Forgey issued the temporary restraining order Friday, pausing enforcement of the measure signed by Gov. Mark Gordon in early March while a legal challenge proceeds.
The law banned most abortions after approximately six weeks of pregnancy, when the unborn baby’s heartbeat can first be detected.
Gordon, a Republican, signed the legislation to defend unborn life.
“Today I signed the Human Heartbeat Act 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.
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The measure included an exception to preserve the life or health of the mother in cases of imminent medical danger but did not provide exceptions for rape or incest. Violations carried potential felony penalties for the abortionist who kills the baby of up to five years in prison and a $10,000 fine.
The ruling follows the Wyoming Supreme Court’s January decision striking down broader abortion bans, which had left abortion legal until viability, which is now as early as 21 weeks. Wyoming recorded 625 abortions in 2024, according to state health data.
In granting the temporary block, Forgey wrote that plaintiffs “made a sufficient showing of irreparable injury” and “a sufficient showing of probable success” under Article 1, Section 38 of the Wyoming Constitution, which protects individuals’ rights to make their own health care decisions. The judge appears to not have considered the injury (death) of people before birth.
He referenced the high court’s prior ruling in the Johnson case.
“The state defendants did not persuasively argue otherwise,” Forgey added. “The plaintiffs have on this record made a sufficient showing of probable success that justifies their request for temporary injunctive relief, particularly when the statutes 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.”
Abortion sellers, including Julie Burkhart of Wellspring Health Access, Wyoming’s only abortion facility, challenged the law, calling it an infringement on so-called constitutional rights.
The temporary order allows abortions to continue beyond the six-week mark during litigation.
