26-02-2025
Bill requiring a transvaginal ultrasound before taking an abortion pill clears Senate
CHEYENNE – Senators overwhelmingly supported a House bill Tuesday afternoon that requires women to undergo a transvaginal ultrasound no more than 48 hours before taking an abortion pill.
House Bill 64, 'Chemical abortion-ultrasound requirement,' will now go back to the House of Representatives for a concurrence vote on the Senate amendments. If House members concur, the bill heads to the governor's desk. If representatives fail to concur, three appointed members from each chamber will meet to debate the bill in a joint conference committee.
Wyoming Freedom Caucus member and House Speaker Chip Neiman, R-Hulett, the bill's primary sponsor, has called HB 64 'compassionate legislation.' The 48-hour waiting period, which is not based on scientific or medical fact, is a time window for women to reflect on the decision before terminating their pregnancy, Neiman said.
The House speaker at first denied this as anti-abortion legislation, running on the premise that it's geared toward protecting women. On the House floor, however, Neiman admitted his intent behind the legislation is to discourage pregnant women from seeking an abortion.
'I definitely want to try everything that I possibly can to provide the opportunity for life to exist and have that chance,' Neiman said during the bill's second reading in the House.
Constitutional arguments
In the Senate, a bipartisan handful of lawmakers spoke against the bill, arguing it violated a Wyoming constitutional provision that allows competent adults to make their own health care decisions. Sen. Chris Rothfuss, D-Laramie, said this bill 'is the poster child' of what that provision 'obligates (the Legislature) to protect against.'
He also pointed to another section of that provision, which requires the state 'to preserve these rights from undue governmental infringement.'
Sen. Chris Rothfuss, D-Laramie (2025)
Sen. Chris Rothfuss, D-Laramie
'Mr. President, that's our job,' Rothfuss said. 'We're the government that is supposed to be there for the people, to preserve these rights from undue governmental infringement. And yet here we are bringing legislation that is unreasonable, irrational and medically unjustified, undue infringement.'
Sen. Cale Case, R-Lander, who voted against HB 64, said the state government is wrongly inserting itself into the state Constitution. The Lander senator also referred to Article 1, section 7 of the Wyoming Constitution, which prohibits 'absolute, arbitrary power.'
Sen. Cale Case, R-Lander (2025)
Sen. Cale Case, R-Lander
'This is the Senate, the Wyoming Legislature, exercising absolute power, going against professional boards that we've established, going against licensing procedures, going against a constitutional amendment that guarantees persons the right to make their own health care decisions,' Case said. 'If you don't like what the Constitution says, you have the right to change it.'
Sen. Lynn Hutchings, R-Cheyenne, said the Wyoming Constitution also allows the Legislature to 'determine reasonable and necessary restrictions … to protect the health and general welfare of the people or to accomplish the other purposes set forth in the Wyoming Constitution.'
Sen. Lynn Hutchings, R-Cheyenne (2025)
Sen. Lynn Hutchings, R-Cheyenne
'I think it's our right and desire to try to do everything we can to either stop it or make it as safe as possible,' Hutchings said.
Sen. Charles Scott, R-Casper, who voted against HB 64, said this bill exacerbated Wyoming's health care crisis.
Sen. Charles Scott, R-Casper (2025)
Sen. Charles Scott, R-Casper
'We're having a shortage of doctors in Wyoming in obstetrics gynecology,' Scott said. 'This is … exacerbating our problem.'
Senate amendments
Sen. Gary Crum, R-Laramie, tried to add an amendment that removed the requirement for the transvaginal ultrasound, based on public testimony arguing this is an extremely invasive procedure. He visited with several medical providers who told him a topical ultrasound would be able to tell the viability of a fetus.
Sen. Gary Crum, R-Laramie (2025)
Sen. Gary Crum, R-Laramie
'I think this bill is to check the viability of life and protect the life of an unborn child,' Crum said, 'not to hurt or embarrass someone.'
However, several Republican senators argued this ultrasound would fail to detect how far along the woman is in the pregnancy, and his amendment failed in a voice vote.
Sen. Evie Brennan, R-Cheyenne (2025)
Sen. Evie Brennan, R-Cheyenne
Sen. Evie Brennan, R-Cheyenne, successfully brought an amendment to the bill that reduces the felony penalty to a misdemeanor. Instead of a sentence of up to five years in prison, up to a $20,000 fine or both, Brennan's amendment reduced it to a maximum of six months imprisonment, up to a $9,000 fine or both.
Other Senate amendments adopted in the bill altered some definitions to align with medical terminology or other legislation.
