Wyoming lawmakers advanced a bill Tuesday that would ban abortions on unborn babies once a heartbeat is detectable, providing legal protection for unborn life at one of its earliest stages in the wake of the state Supreme Court striking down two pro-life laws passed in 2023.
House Bill 126, the heartbeat bill, prohibits abortions after a fetal heartbeat can be detected, which medical experts say can occur as early as six weeks of pregnancy.
The measure passed the House 51-7 on Feb. 24 and cleared the Senate on second reading Tuesday, leaving it one vote away from advancing to Gov. Mark Gordon’s desk.
House Speaker Chip Neiman, R-Hulett, pushing the bill with nearly 40 cosponsors, described the legislation as a practical step to safeguard the unborn in a state with a strong pro-life tradition.
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“I believe that, based on Wyoming’s history of being very pro-life and always supporting life issues,” Neiman told the Senate Labor, Health and Social Services Committee.
He acknowledged the bill stops short of full protection from conception but stressed its importance.
“Sadly, this piece of legislation will not protect life from its inception, which I would love to see happen,” Neiman said. “But the reality of where we’re at right now, ladies and gentlemen, is that I believe this is something we can do and work with to provide a line where we can provide protection for life.”
“Currently, Wyoming has no … restrictions on abortion,” Neiman added. “This [bill] does not allow for complete restriction of abortion in the state of Wyoming, but it does provide a line where we can say that from that point on, the baby will be protected in Wyoming State law.”
The bill requires a determination of whether a baby before birth has a detectable heartbeat using standard medical practices and techniques, including ultrasound if necessary, before any abortion. It includes an exception for medical emergencies.
Violations would be a felony, punishable by up to five years in prison, a fine of up to $10,000 and mandatory revocation of their professional license.
The legislation responds directly to the Wyoming Supreme Court’s January ruling that struck down two pro-life laws passed in 2023 — a comprehensive prohibition on abortion with exceptions for rape, incest or to save the mother’s life, and the nation’s first explicit ban on abortion pills — as unconstitutional under a 2012 state constitutional amendment protecting individuals’ rights to make their own health care decisions. That’s even though abortion is not health care and the amendment was unrelated to abortion.
Supporters framed the bill as essential protection for the most vulnerable.
“There is no one more vulnerable than the children that are in the womb,” Laura Pavey told lawmakers.
Krista Riester, pro-life liaison at Wyoming Family Alliance, urged passage to affirm equal dignity.
“Let Wyoming be a place that every Wyomingite, born and unborn, can count on equal protection, stand equal in dignity under the law and live without their worth being debated,” she said.
Michael Leman with the Catholic Diocese of Cheyenne echoed a recent statement from Wyoming Supreme Court Justice Lynne Boomgaarden, noting the Legislature’s role.
“If a court has reached a result that is unpopular, the Legislature can make a new law,” Leman said. “HB 126 would be a new law. Voting for a bill that would protect life is not extreme.”
The bill’s progress comes after Gordon had urged lawmakers to pursue a constitutional amendment on abortion to let voters decide the issue.
HB 126 now awaits a final Senate vote before heading to the governor.
