2012 Wyoming Amendment A
{{Use dmy dates|date=January 2025}}
{{Use British English|date=January 2025}}
{{Infobox referendum|yes=181984|no=54405|total=250701|country=Wyoming|question=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.|date=6 November 2012}}
Constitutional Amendment A was a Wyoming Constitutional Amendment which was passed in 2012, principally in opposition to the Affordable Care Act (ACA).
Background
The amendment was primarily sponsored by Wyoming State Senator Leslie Nutting (7th district){{Cite web |date=2012-10-30 |title=Wyoming Voters Face 3 Amendments Next Week |url=https://k2radio.com/wyoming-voters-face-3-amendments-next-week/ |access-date=2024-11-22 |website=K2 Radio |language=en}} intended to prohibit people from being compelled to participate in the ACA.{{Cite web |last=Carter |first=Chelsea J. |last2=Brennan |first2=Allison |date=2012-11-01 |title=Maryland, Maine, Washington approve same-sex marriage; 2 states legalize pot |url=https://edition.cnn.com/2012/11/01/politics/ballot-initiatives/index.html |access-date=2024-11-22 |website=CNN |language=en}} Opponents of the amendment said that the amendment would disallow healthcare access to many Wyoming residents,{{Cite web |last=Pollreisz |first=Anthony|date=2012-10-31 |title=Three Proposed Constitutional Amendments on the November Ballot |url=https://k2radio.com/three-proposed-constitutional-amendments-on-the-november-ballot/ |access-date=2024-11-22 |website=K2 Radio |language=en}} and that the amendment would have unintended consequences.
Provisions
The amendment created a new Section 38 within Article 1 of the Wyoming constitution entitled "Right of health care access".{{Cite web |last=Constantino |first=Annika Kim |date=2023-03-24 |title=Wyoming abortion ban blocked due to Obamacare-era amendment |url=https://www.cnbc.com/2023/03/24/wyoming-abortion-ban-blocked-due-to-obamacare-era-amendment.html |access-date=2024-11-22 |website=CNBC |language=en}} Amongst other things, the amendment created the following line within the Wyoming Constitution:
{{Blockquote|text=Each competent adult shall have the right to make his or her own health care decisions.|title=Wyoming Constitution|source=Excerpt of Article 1, Section 38}}
Result
The amendment was created as a ballot measure and put to voters on 6 November 2012 at the same time as other Wyoming elections. It passed by 76% to 23%.
| class="wikitable" style="text-align:right"
|+Results table !Choice !Votes !% |
| align="left" |For
|181,984 |76.9 |
| align="left" |Against
|54,405 |23.0 |
| align="left" |Invalid or blank votes
|14,312 |5.7 |
| align="left" |Total
|250,701 |100 |
Impact on abortion
{{Further|Abortion in Wyoming}}
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.{{Cite web |date=March 15, 2022 |title=HB0092 - Abortion prohibition-supreme court decision. |url=https://www.wyoleg.gov/Legislation/2022/HB0092 |access-date=2023-05-20 |website=www.wyoleg.gov}} 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.{{Cite web |last=Gruver |first=Mead |date=2024-11-19 |title=Judge strikes down Wyoming abortion laws, including an explicit ban on pills to end pregnancy |url=https://apnews.com/article/wyoming-abortion-ban-judge-ruling-a8e79c0879a22dab036b06a6f4304895 |access-date=2024-11-22 |website=AP News |language=en}}{{Cite news |last=Foster |first=Robin |date=19 November 2024 |title=Judge Declares Wyoming's Abortion Bans Unconstitutional |url=https://www.usnews.com/news/health-news/articles/2024-11-19/judge-declares-wyomings-abortion-bans-unconstitutional |access-date=22 November 2024 |work=U.S. News}}{{Cite news |date=2024-11-19 |title=Judge strikes down Wyoming’s anti-abortion laws in victory for rights advocates |url=https://www.theguardian.com/us-news/2024/nov/19/wyoming-anti-abortion-laws-struck-down-pills |access-date=2024-11-22 |work=The Guardian |language=en-GB |issn=0261-3077}}