Wyoming Governor Signs Bill Restricting Abortion Once Fetal Heartbeat Is Detected

Wyoming Gov. Mark Gordon (R) signed a bill into law on Monday restricting the abortion of unborn babies once a fetal heartbeat is detected. 

The bill, called the Human Heartbeat Act or HB 126, outlaws abortions once a fetal heartbeat is detected, which is usually around six weeks of pregnancy. The bill contains exceptions after that point in cases of serious medical emergencies or to protect the life of the mother. 

A person who performs an abortion in violation of the law could be charged with a felony and face up to five years behind bars and/or a $10,000 fine, according to the bill’s text.

Gordon said in a post to X that he signed the bill because of his pro-life views, but he expressed concern that the legislation “very likely” may  ultimately be tied up in court. He also suggested a constitutional amendment on the issue would be a better solution for more permanently protecting unborn babies in the state.

He wrote:

Today I signed the Human Heartbeat Act (HEA 29) 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. Yet, I share concerns with many others, regrettably, that this Act represents another well-intentioned but likely fragile legal effort with significant risk of ending in the courts rather than in lasting, durable policy. The solution I had hoped for is to put the issue before a vote of the people of Wyoming from whom, according to Article 1 of our Wyoming Constitution, all governmental power derives.

While I support 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. Rather than finding a remedy that saves the unborn, I fear we have only added another chapter to the sad saga of repeatedly trying to force a specific solution that will not uphold the legal scrutiny of the courts.

For now, Wyoming joins several other states that restrict abortions after a fetal heartbeat is detected, including Florida, Georgia, Iowa, and South Carolina. Before Gordon signed the bill into law, abortion was allowed in Wyoming until fetal viability, which is usually around 24 weeks of pregnancy.

Julie Burkhart, the president of Wyoming’s only abortion clinic, Wellspring Health Access, said she is prepared to challenge the new law in court, ABC News reported.