Today, senators passed House Bill 92, legislation that would ban abortion entirely in Wyoming if the U.S. Supreme Court overturns Roe v. Wade.
The ACLU of Wyoming opposed House Bill 92. The legislation mimics other so-called “trigger bans” across the country that would take effect automatically under specific circumstances. But House Bill 92 improperly delegates legislative power to the executive branch.
“In assigning the executive branch the responsibility of enacting law based upon future hypothetical case outcomes, House Bill 92 is creating a codified, inflexible mandate that lacks clarity,” said Libby Skarin, ACLU of Wyoming campaigns director.
Additionally, House Bill 92 provides no definition of what the legislature considers a “final decision of the supreme court.” Regardless of how the Court rules in any of the currently pending abortion cases, it is without doubt that the fundamental rights at issue in Roe as they relate to abortion will not cease to be litigated on federal and state levels. Mandating that the executive branch enact a law based on unclear decisions that cannot be considered final will create confusion for Wyomingites.
“It’s clear that some of our lawmakers aren’t concerned about the rights and well-being of pregnant people. If they were, they would expand access to quality reproductive health care instead of restricting it,” Skarin said.
About the ACLU of Wyoming
The American Civil Liberties Union of Wyoming is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of Wyoming is part of a three-state chapter that also includes North Dakota and South Dakota. The team in Wyoming is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of Wyoming carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of Wyoming.
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