2012 Wyoming Amendment A
November 6, 2012
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The adoption of this amendment will provide that the right to make health care decisions is reserved to the citizens of the state of Wyoming. It permits any person to pay and any health care provider to receive direct payment for services. The amendment permits the legislature to place reasonable and necessary restrictions on health care consistent with the purposes of the Wyoming Constitution and provides that this state shall act to preserve these rights from undue governmental infringement. | |||||||||||||||||||
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Yes 80%–90% 70%–80% 60%–70%
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Constitutional Amendment A is an amendment of the Wyoming Constitution enacted in 2012 to enshrine the right of individuals to make their own health care decisions. The amendment was passed principally in opposition to the Affordable Care Act (ACA).
Background
The amendment was primarily sponsored by Wyoming State Senator Leslie Nutting (7th district)[1] intended to prohibit people from being compelled to participate in the ACA.[2] Opponents of the amendment said that the amendment would disallow healthcare access to many Wyoming residents,[3] and that the amendment would have unintended consequences.[1]
Provisions
The amendment created a new Section 38 within Article 1 of the Wyoming constitution entitled "Right of health care access".[4] Amongst other things, the amendment created the following line within the Wyoming Constitution:
Each competent adult shall have the right to make his or her own health care decisions.
— Wyoming Constitution, Excerpt of Article 1, Section 38
Results
The following table details the results by county:[5]
| County | Yes | No | ||
|---|---|---|---|---|
| # | % | # | % | |
| Albany | 9,984 | 64.25% | 5,556 | 35.75% |
| Big Horn | 4,244 | 83.33% | 849 | 16.67% |
| Campbell | 14,287 | 85.40% | 2,443 | 14.60% |
| Carbon | 5,022 | 81.26% | 1,158 | 18.74% |
| Converse | 5,092 | 83.43% | 1,011 | 16.57% |
| Crook | 2,954 | 85.03% | 520 | 14.97% |
| Fremont | 11,869 | 74.47% | 4,068 | 25.53% |
| Goshen | 4,209 | 76.24% | 1,312 | 23.76% |
| Hot Springs | 1,919 | 79.99% | 480 | 20.01% |
| Johnson | 3,381 | 82.54% | 715 | 17.46% |
| Laramie | 27,962 | 73.74% | 9,958 | 26.26% |
| Lincoln | 7,150 | 87.25% | 1,045 | 12.75% |
| Natrona | 22,691 | 74.81% | 7,639 | 25.19% |
| Niobrara | 962 | 80.10% | 239 | 19.90% |
| Park | 11,064 | 79.55% | 2,845 | 20.45% |
| Platte | 3,432 | 79.61% | 879 | 20.39% |
| Sheridan | 11,030 | 80.43% | 2,684 | 19.57% |
| Sublette | 3,463 | 83.45% | 687 | 16.55% |
| Sweetwater | 12,677 | 79.43% | 3,283 | 20.57% |
| Teton | 6,311 | 60.91% | 4,050 | 39.09% |
| Uinta | 6,567 | 79.61% | 1,682 | 20.39% |
| Washakie | 2,980 | 78.32% | 825 | 21.68% |
| Weston | 2,734 | 85.14% | 477 | 14.86% |
| Total | 181,984 | 76.98% | 54,405 | 23.02% |
Impact on abortion
Following the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturning of Roe v. Wade in 2022, state legislatures were allowed to regulate any aspect of abortion. The Wyoming State Legislature passed HB92, a trigger law that would ban abortion beginning five days after the overturn of Roe v. Wade.[6] The amendment had the unintended impact of allowing a lawsuit against HB92 that alleged that HB92 violated the state constitution by denying competent individuals the right to make their own health care decisions.[7][8][9] On January 6, 2026, the Wyoming Supreme Court ruled abortion restrictions unconstitutional under said amendment, stating that "whether to terminate or continue a pregnancy is a woman’s own health care decision protected by Article 1, Section 38."[10][11]
References
- ^ a b "Wyoming Voters Face 3 Amendments Next Week". K2 Radio. October 30, 2012. Retrieved November 22, 2024.
- ^ Carter, Chelsea J.; Brennan, Allison (November 1, 2012). "Maryland, Maine, Washington approve same-sex marriage; 2 states legalize pot". CNN. Retrieved November 22, 2024.
- ^ Pollreisz, Anthony (October 31, 2012). "Three Proposed Constitutional Amendments on the November Ballot". K2 Radio. Retrieved November 22, 2024.
- ^ Constantino, Annika Kim (March 24, 2023). "Wyoming abortion ban blocked due to Obamacare-era amendment". CNBC. Retrieved November 22, 2024.
- ^ "Statewide Constitutional Amendments Official Summary Wyoming General Election - November 6, 2012" (PDF). Wyoming Secretary of State. Retrieved January 6, 2026.
- ^ "HB0092 - Abortion prohibition-supreme court decision". www.wyoleg.gov. March 15, 2022. Retrieved May 20, 2023.
- ^ Gruver, Mead (November 19, 2024). "Judge strikes down Wyoming abortion laws, including an explicit ban on pills to end pregnancy". AP News. Retrieved November 22, 2024.
- ^ Foster, Robin (November 19, 2024). "Judge Declares Wyoming's Abortion Bans Unconstitutional". U.S. News. Retrieved November 22, 2024.
- ^ "Judge strikes down Wyoming's anti-abortion laws in victory for rights advocates". The Guardian. November 19, 2024. ISSN 0261-3077. Retrieved November 22, 2024.
- ^ Merzbach, Hanna (January 6, 2026). "Wyoming Supreme Court protects abortion access". Wyoming Public Radio. Wyoming Public Media. Retrieved January 6, 2026.
- ^ Gruver, Mead (January 6, 2026). "Abortion stays legal in Wyoming as its top court strikes down laws, including first US pill ban". The Associated Press. Retrieved January 6, 2026.