Governor Mark Gordon (R-WY) today signed Enrolled Act No. 29 / House Bill 126, the Human Heartbeat Act, into law, reaffirming his commitment to protecting unborn life while raising concerns about the law’s durability under Wyoming’s current constitutional framework since State v. Johnson, the recent Wyoming Supreme Court decision that removed abortion restrictions.
In a signing letter to Speaker Chip Neiman, the Governor acknowledged the deeply held moral convictions, convictions he himself shares, that motivated the legislation, but cautioned that Wyoming continues to face significant legal uncertainty surrounding abortion policy.
“Life is sacred,” Governor Gordon said. “Despite 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. It does not offer the durable solution I had hoped for, and it does not put the issue before the people of Wyoming from whom, according to Article 1 of our Wyoming Constitution, all governmental power derives.”
Governor Gordon has repeatedly emphasized the need for a long-lasting policy solution that will likely require either a constitutional amendment or a narrowly crafted legislative approach that addresses the Supreme Court’s interpretation. Governor Gordon has previously called on the Legislature to find solutions that both protect life and withstand constitutional scrutiny so that Wyoming can move beyond repeated cycles of litigation on the issue. While this Act did not achieve that solution, the Governor wished to reaffirm his strong defense of the unborn.
“I resoundingly share the determination to defend the lives of unborn children and support the intentions behind the Human Heartbeat Act,” Governor Gordon said. “Regrettably, 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. 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.”
Governor Mark Gordon (R-WY) announced today he will allow SEA 0056 SF0081 – Public School Finance to become law without his signature, emphasizing his appreciation to the full Legislature and Select Committee on School Finance Recalibration (SCSFR) for their work on the “very complex issue” of school finance. In his letter to Senate President Bo Biteman, the Governor was complimentary of the process waged statewide by elected officials to engage teachers, parents, administrators, and school board members to create an adequate funding model.
The Governor chose to allow the legislation to pass into law as a starting point. Citing concerns that the legislation disadvantages smaller districts, usurps local authority, and fails to address essential operational funding needs, the Governor expressed “promise” such will be addressed by the SCSFR during interim. Notably, the Governor cannot exercise a line-item prerogative on the SF0081 because it does not have multiple appropriations. His detailed no sign letter outlines measures that need further consideration.
“A central component of this bill is the restriction of funding for instructional purposes or the so-called ‘instructional silo.’ It is an approach that is well-intentioned and designed to maximize Wyoming’s resources into the classroom. Nevertheless, I am concerned that the Legislature has failed to consider two important realities,” Governor Gordon said.
“My concern is that the ‘instructional silo’ as currently contemplated may so unreasonably restrict school districts that they will be forced into an untenable position of either running the operational aspect of the district at a deficit or severely diminishing the operations,” he said, claiming funding shortfalls to building maintenance, transportation, nutrition, safety and extracurricular activities, which ”demonstrably augment educational mission” will be”potentially diminished by this act.” The Governor cautioned the impact will be “magnified” in smaller districts, operating in singular buildings.
The Governor also took issue with the “instructional silo” as “an unreasonable encroachment on the prerogative of local school boards.” A former Johnson County School Board member and current Chair of the Education Commission of the States, the Governor said, “What we hope for and have experienced with educational choice, the RIDE Initiative, and the Steamboat Scholarship is a celebration of local initiative with all its attendant benefits.”
“When the state government becomes overly prescriptive to school districts, local control is sacrificed,” Governor Gordon said, “Whether intentional or not, this act works to undermine that flexibility at the local level by hamstringing non “instructional silo” items. Rather than focusing on outcomes, this act dwells on inputs.”