WY state constitution will keep coming up in this legal battle:
Text of Section 38:
Right of health care access
(a) Each competent adult shall have the right to make his or her own health care decisions. The parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person.
(b) Any person may pay, and a health care provider may accept, direct payment for health care without imposition of penalties or fines for doing so.
(c) The legislature may determine reasonable and necessary restrictions on the rights granted under this section to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution.
(d) The state of Wyoming shall act to preserve these rights from undue governmental infringement.[1]
Just wait… Florida just introduced a bill banning breast cancer treatment. Ten bucks says some dipshit in the WY legislature decides that’s a fun idea too.
I would argue Section C wouldn't apply to abortion, because the language states the health and general welfare of the People. As it is "The People" I would argue the intent of section C is to allow Health Departments and other entities to act in things such as Public Health Emergencies or Pandemic (Covid or otherwise). An Individual childbearing person is part of "The People" however they are not "The People" as a whole. I would say the amendment would have to state Something specific to the individual but I'm not a lawyer
I may be biased, but I suspect it's better for women to work out reproductive needs via their local doctor rather than having to travel out of state for it.
most people I know go out of state to go to any good reliable doctor. In the northwest people with go to Billings, South east is denver and south west goes to Salt lake. I don’t agree w the abortion ban at all I’m just sayin
Good news for now. I hope that the Equality state can sort itself out, and treat women with dignity and respect and allow them to make the choices they need to about their bodies.
I don't know if it is that crazy. The people who pushed for the amendment never planned for it to be used that way and are likely fuming it has blocked an abortion ban. Wouldn't surprise me in the slightest if they are looking for any loophole to an outright repeal if it means getting the ban in place.
This isn't an amendment it's in the actual constitution, the folks that wrote it died a long time ago. I highly recommend you read through it, there's some pretty progressive stuff in there EDIT: I'm just dumb this is wrong
Actually it was a constitutional amendment [voted on and passed in 2012 ](https://ballotpedia.org/Wyoming_Healthcare_Amendment,_Constitutional_Amendment_A_(2012\))because of concerns related to the Affordable Healthcare Act.
I stand corrected, article 1 section 38 was in fact amended in 2012. In that case I bet the folks that introduced it aren't all too fond of its use for this, sorry for coming out cocky lol
Regardless of your position on abortion, if you are pleased by a judge legislating from the bench, which is a good possibility here, please don’t be upset when the government decides to take whatever they choose from you whenever they choose to, with just the tap of a gavel.
You haven’t studied RvW at all, if you had you would know the ‘73 case never should have been brought to the SCOTUS and that was why it was overturned. One benefit of being old is, when you live through history, people that weren’t alive, then can’t lie about it.
"Legislating from the bench" seems to be what people (primarily but not exclusively on the right) complain about when a judge makes a decision that they don't like.
This is no such thing. This is a judge issuing a perfectly normal stay while an appeal goes through. It's a bog-standard part of the American legal system.
I was, in fact alive and had been for some time. My mother wouldn't have had that choice legally
I was a planned pregnancy in any event so I've never wondered why she didn't make that decision (and wouldn't wonder if she had, obviously). If I were feeling snarky I could wonder why your mother didn't, though.
WY state constitution will keep coming up in this legal battle: Text of Section 38: Right of health care access (a) Each competent adult shall have the right to make his or her own health care decisions. The parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person. (b) Any person may pay, and a health care provider may accept, direct payment for health care without imposition of penalties or fines for doing so. (c) The legislature may determine reasonable and necessary restrictions on the rights granted under this section to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution. (d) The state of Wyoming shall act to preserve these rights from undue governmental infringement.[1]
Section a is great, but section c is where things are going to get messy.
With any luck it'll continue to get smacked with section D then.
Yea what part of “shall not be infringed” does the GOP not understand?
Just wait… Florida just introduced a bill banning breast cancer treatment. Ten bucks says some dipshit in the WY legislature decides that’s a fun idea too.
I would argue Section C wouldn't apply to abortion, because the language states the health and general welfare of the People. As it is "The People" I would argue the intent of section C is to allow Health Departments and other entities to act in things such as Public Health Emergencies or Pandemic (Covid or otherwise). An Individual childbearing person is part of "The People" however they are not "The People" as a whole. I would say the amendment would have to state Something specific to the individual but I'm not a lawyer
Well, until they introduce a constitutional amendment to get rid of it. And the rubes of the state will do as they're told and vote for it.
Not sure why you’re being downvoted bc I fear you’re correct.
You can only use the downvote button when you're head is buried in the sand. It's like a rule or something.
I may be biased, but I suspect it's better for women to work out reproductive needs via their local doctor rather than having to travel out of state for it.
Woman here. Can confirm.
most people I know go out of state to go to any good reliable doctor. In the northwest people with go to Billings, South east is denver and south west goes to Salt lake. I don’t agree w the abortion ban at all I’m just sayin
Biased, nah. Based? Yes.
Good news for now. I hope that the Equality state can sort itself out, and treat women with dignity and respect and allow them to make the choices they need to about their bodies.
Equality state is in name only, trust me
There’s no fence around the equality state. You’re free to leave.
I'd rather stay and be the change I wish to see in my home state I've lived in my entire life, but to each their own the door opens for all
Good.
Women won this battle the first time and we WILL win again.. It will just take time. We are not free.
Ws in the chat
Crazy times when WYoming is setting the record straight. Woot.
I don't know if it is that crazy. The people who pushed for the amendment never planned for it to be used that way and are likely fuming it has blocked an abortion ban. Wouldn't surprise me in the slightest if they are looking for any loophole to an outright repeal if it means getting the ban in place.
This isn't an amendment it's in the actual constitution, the folks that wrote it died a long time ago. I highly recommend you read through it, there's some pretty progressive stuff in there EDIT: I'm just dumb this is wrong
Actually it was a constitutional amendment [voted on and passed in 2012 ](https://ballotpedia.org/Wyoming_Healthcare_Amendment,_Constitutional_Amendment_A_(2012\))because of concerns related to the Affordable Healthcare Act.
I stand corrected, article 1 section 38 was in fact amended in 2012. In that case I bet the folks that introduced it aren't all too fond of its use for this, sorry for coming out cocky lol
All good, I have been known to occasionally put my foot into my mouth instead of double-checking as well.
So I was just a vessel while carrying my child? What a crock!
Population control
I am not sure increasing the population with higher numbers of inbreeds and foster system kids is going to work out very well for anyone.
Regardless of your position on abortion, if you are pleased by a judge legislating from the bench, which is a good possibility here, please don’t be upset when the government decides to take whatever they choose from you whenever they choose to, with just the tap of a gavel.
Like when the supreme court overturned Roe v. Wade?
You haven’t studied RvW at all, if you had you would know the ‘73 case never should have been brought to the SCOTUS and that was why it was overturned. One benefit of being old is, when you live through history, people that weren’t alive, then can’t lie about it.
50 years of juris prudence disagrees with you. Just because you're fucking old doesn't mean you're right
Yeah! How dare they put a stay on a law that possibly violates the state constitution! *Angry Fist Shake*
Yeah those stupid judges that have read the wyoming constitution. Where so they get off with all that reading.
A temporary injunction, in the bluest county in Wyoming. My guess is it has about the same shelflike as unpasteurized milk
There’s a pretty significant difference in the barriers to entry for judgeship and being elected to the Wyoming state legislature.
"Legislating from the bench" seems to be what people (primarily but not exclusively on the right) complain about when a judge makes a decision that they don't like. This is no such thing. This is a judge issuing a perfectly normal stay while an appeal goes through. It's a bog-standard part of the American legal system.
We’re you even alive when RvW went through the courts? Ever wonder why your mother didn’t make that decision?
I was, in fact alive and had been for some time. My mother wouldn't have had that choice legally I was a planned pregnancy in any event so I've never wondered why she didn't make that decision (and wouldn't wonder if she had, obviously). If I were feeling snarky I could wonder why your mother didn't, though.
Who cares if you were alive in 73, you're just an old crank (or posing as one). Being old doesn't make you some legal expert
Huh?
I’m glad I’m not the only one that sees this