Despite Wyoming’s Ban on Abortion, She Defies the Law and Establishes an Abortion Clinic

In 2020, a philanthropist reached out to Julie Burkhart with an unexpected proposition. They asked if she would be willing to establish an abortion clinic in Wyoming, a state known for its conservative values and where Donald Trump had secured significant support in two consecutive elections.

After being exhausted by running a clinic in a conservative state, she was ready to move on from Wichita and everything it symbolized. However, she recognized that Wyoming, being even more conservative than Kansas, embodied a different kind of conservatism – one rooted in self-reliance and limited government. This meant that the people of Wyoming were less concerned with regulating the private lives of individuals.

She agreed to it.

Three months prior to Burkhart’s planned clinic opening in 2022, the Wyoming Legislature, influenced by a newly-formed Freedom Caucus, enacted a trigger law along with a dozen other states. This law would prohibit abortion immediately after the U.S. Supreme Court overturned the landmark case of Roe v. Wade.

After the court made its ruling, abortion providers in states with trigger bans relocated their clinics to safe havens in Illinois, Maryland, or Minnesota. However, Burkhart chose to stay on the front lines of the abortion wars and continued her work in Wyoming. This made her the only person in America to open an abortion clinic in a state where abortion is banned.

In an interview during her 3 1/2-hour drive from her home near Denver to the clinic in Casper, she expressed her strong opposition to the idea of only providing facilities in safe states. She firmly believes that in order to uphold and protect our rights in this country, we must be willing to venture into uncomfortable territories. She emphasized that conceding in certain areas goes against the principles we claim to support when we advocate for the rights of all individuals.

In her experiences, she has not only faced opposition in a state that voted for Trump, but also witnessed the intricate landscape of abortion politics in the country after Roe v. Wade.

Wyoming may be unique in many ways, with its sparse population and expansive landscapes, but when it comes to politics, it shares common ground with other red and purple states. The Republican party in Wyoming, much like in other states, has experienced internal divisions. On one side, there’s the Freedom Caucus advocating for controversial measures such as book bans and strict abortion regulations. On the other side, there are those who align themselves with the state’s more libertarian brand of conservatism, seeking to uphold its values.

Many residents in the area have come to realize that their stance on the abortion issue is more nuanced than they originally thought. Witnessing the repercussions of a ban on abortion, they have recognized that although they may personally choose not to have an abortion, there are circumstances where others may require this option. Above all, they firmly believe that the government should not have the authority to make such decisions.

According to Ogden Driskill, president of the state Senate, individuals tend to prioritize their own beliefs and well-being, especially when it comes to personal and health-related matters, even if their actions may be considered illegal.

Driskill, a sixth-generation rancher residing near the imposing Devils Tower rock formation, identifies as pro-life. However, he does not support the idea of outlawing abortion. He draws a parallel between his stance on abortion and his decision to use ivermectin, a deworming medication for horses, in his attempt to protect himself from COVID-19. Despite concerns about its effectiveness and safety, Driskill believes that most people in Wyoming share his perspective.

He explained that the level of being pro-life differs from person to person. He mentioned that if someone is using abortion as a means of birth control, many people would disagree with that. However, if there is a valid reason behind it, most individuals are open to listening and understanding the circumstances.

Jeanette Ward, a state representative who relocated to Casper in 2021 to escape what she deemed as the “tyranny” of mask mandates in Illinois during the COVID pandemic, contended that Wyoming remains firmly in favor of the pro-life stance.

“The abortion ban was overwhelmingly passed by the Legislature and signed by the governor,” she emphasized, countering the notion that it was only supported by a vocal minority.

Burkhart operates within a constantly changing landscape. Her clinic remains open due to an injunction granted by a judge, as her clinic and other advocates for abortion rights have filed a lawsuit against the bans. By establishing a presence in a state with a relatively small population, she believes it is crucial to maintain an ongoing dialogue about the importance of abortion rights.

“We have seen numerous instances where change cannot be achieved without taking risks,” she expressed. “It is our responsibility to question these laws and regulations. Even if the clinic can only remain operational for a short period of time, whether it be four, 12, 24, or 36 months, we should focus on the number of individuals we can assist during that time.”

“The Summers of Mercy”

With a nonchalant attitude, she dismisses any discussions about the dangers associated with her line of work: “I suppose this is the path I’ve chosen for myself, or perhaps it’s the path that has chosen me.”

Growing up in Wichita, Burkhart was profoundly influenced by a pivotal moment in the ongoing battle surrounding abortion rights.

After spending her formative years on a farm in Oklahoma, she returned to her hometown. It was during her summer break from graduate school in 1991 when she found herself working at the Wichita Women’s Center. Her responsibilities included answering phones and assisting with basic lab tasks. Little did she know, a wave of anti-abortion protesters was about to make their presence known in what they referred to as the Summer of Mercy.

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For six weeks, the city’s three clinics were blockaded by thousands of protesters. They crowded the sidewalks, engaging in various acts of civil disobedience. Some threw themselves in front of cars, while others handcuffed themselves to fences. The air was filled with the sound of Scripture being screamed. At the clinic where Burkhart worked, she witnessed a man attaching himself to the entrance handles with a bicycle U-Lock, securing himself in place.

Wichita had emerged as the epicenter of the abortion debate in the country, leaving a lasting impact on her. She reflects on the intense emotions that engulfed her during that time, as she witnessed acts of self-righteousness, violence, and intimidation. The lack of respect shown towards the women seeking care at the clinic deeply troubled her. She questions the contradiction of proclaiming love and care for others while simultaneously spreading hatred.

In 2001, when anti-abortion protesters were converging in Wichita for the 10th anniversary revival of the Summer of Mercy, she found herself working as the community affairs director at a Planned Parenthood clinic. During this time, she had the opportunity to meet Tiller in discussions centered around security concerns. Their encounters led to a turning point in her career when Tiller, recognizing her potential, urged her to join him in establishing a new political action committee.

Dr. Tiller, a former Navy flight surgeon and dedicated Republican, inherited his father’s primary care practice in the 1970s. It was only when women started seeking him out for abortions that he discovered that his father had been providing them even before they were legalized across the country by Roe v. Wade.

Burkhart described her initial impression of him as both intimidating and intriguing. His defiance in the face of death threats and his dry sense of humor often mistaken for brusqueness made an impact on her. Despite their differences, they shared a unique understanding and connection. She didn’t mind him calling her at odd hours like 1 in the morning because she was up working too.

“We both recognized the importance of embracing risk and thinking outside the box in this line of work. It was clear to him, as it was to me, that making bold, difficult, and challenging decisions is an integral part of the process.”

During the following eight years, she emerged as the prominent representative of his clinic in state politics. She admired his strategy in dealing with the Legislature, as he staunchly opposed any attempts to impose seemingly harmless regulations on abortion providers. For instance, he rejected the idea of mandating larger procedure rooms for abortion clinics compared to other surgical practices. His rationale was that such laws would only serve to facilitate further restrictions on abortion.

In a month’s time, Burkhart, driven more by grief than social etiquette, paid a visit to Tiller’s widow with a passionate determination to revive the clinic. Displaying a PowerPoint presentation, she sought the widow’s approval to reopen the clinic. Eventually, in 2013, the clinic was reopened under the name “Trust Women,” a tribute to the slogan Tiller proudly wore on a political button.

In 2016, due to the success of Trust Women, she took the bold step of opening another location in Oklahoma. This move marked a significant milestone, as it was the first abortion clinic to obtain a license in the state in four decades.

The Code of the West is a set of unwritten rules and principles that guided the behavior and actions of cowboys in the American West during the late 19th and early 20th centuries. These guidelines were followed as a way to maintain order and uphold a sense of honor and integrity in a rugged and often lawless frontier. The Code of the West emphasized values such as honesty, loyalty, hard work, and respect for others. It was a way of life that shaped the cowboy culture and became a symbol of the American spirit of independence and self-reliance. Cowboys were expected to live by these principles and hold themselves to a higher standard, even in the face of danger and adversity. Today, the Code of the West continues to serve as a reminder of the values that helped shape the American West and inspire generations of people with its timeless wisdom. As the saying goes, “It’s not just a way of life, but a way to live.”

In 2020, Christine Lichtenfels, a lawyer and the director of Chelsea’s Fund, a nonprofit aiding women seeking abortions, received a call from Wyoming. The state had only one clinic, located in Jackson on the western edge, which offered medication abortion up until 10 weeks of pregnancy. Despite serving nearly 100 individuals that year, almost 400 Wyoming residents had to travel to Colorado for abortions. Harsh winters in Wyoming compounded the challenge, with snow causing road closures for up to six months.

Lichtenfels suggested that the new clinic be located in Casper, as it is centrally located and serves as the hub of the state’s population. Additionally, Casper is conveniently situated near highways that connect to four states where trigger bans have been enacted.

Wyoming, known as the “Equality State,” holds the distinction of being the first state to grant women the right to vote and run for office. It also made history by electing the first female governor. In 1994, Wyoming voters decisively rejected a proposed ballot measure that sought to ban abortion by establishing fetal personhood. The state’s libertarian heritage was further solidified in 2010 when the Legislature embraced the cowboy-inspired “Code of the West,” which includes ten commandments such as “talk less, say more” and “remember that some things are not for sale.”

According to Lichtenfels, what truly mattered was being able to lift a bale of hay or rescue someone during a blizzard. In an interview, he emphasized that people didn’t care about what you did in your own home.

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Burkhart found it particularly fascinating that the voters in the state had passed a constitutional amendment in 2012, affirming the right of adults to make their own healthcare choices. Although the Republicans in the Legislature had originally intended it as a way to challenge Obamacare, Driskill, the state Senate president, acknowledged that it would also be interpreted as a safeguard for abortion rights.

After Tiller’s death, Burkhart took the initiative to familiarize herself with Wyoming’s abortion laws. She wanted to assist the doctors who had worked with Tiller in finding safer locations to continue their practice. Initially, she had expected the situation in Wyoming to be chaotic and tumultuous. However, to her surprise, she discovered that very little had actually changed.

In 2010, Republican control of legislatures across the country resulted in a significant increase in the number of abortion restrictions passed. Wyoming, however, only enacted one such restriction, which was a relatively minor requirement for women considering abortion to undergo ultrasounds.

Burkhart’s departure from Kansas coincided with the rise of a younger generation of activists advocating for a broader perspective on abortion rights – one that encompasses reproductive justice. Originally developed by Black women in the South, the concept of reproductive justice gained traction among Trust Women and other national reproductive rights organizations. Embracing the values of this evolving movement, these groups sought new leadership that could better represent the diversity within their ranks. However, Burkhart’s leadership style became a point of contention among some staff members, who felt she had become overly controlling and insistent on having things done her way.

“I honestly feel like I stayed in Wichita for too long,” she confessed. “I didn’t have many friends, to be honest.” She quickly clarified that it was an exaggeration. However, the city had started to feel eerie to her. “There was always a lingering sense of negativity. It seemed like reminders of the past were always present.”

In early 2022, Lichtenfels purchased a one-story former medical building located just half a mile from Casper’s historic center. The area is characterized by a towering lighted marquee on a ranch outfitters store that has been standing for over 105 years. Across the street, there is a charming coffee bar adorned with stickers on tables, encouraging customers to indulge in the pleasure of “Reading Banned Books.”

In June, the same month when the Supreme Court was anticipated to make a decision on Roe, Burkhart had named his clinic Wellspring Health Access and had intended to start seeing patients.

“I found it to be a fascinating time to establish a new abortion clinic,” she expressed.

If Roe v. Wade were to be overturned, the regulation of abortion would be left up to the individual states. In Wyoming, for example, the current law allows for abortion until viability, which typically occurs at around 24 weeks of pregnancy. This aligns with the laws in some of the more liberal-leaning states.

‘My goodness, this is a serious matter.’

Wyoming’s live-and-let-live spirit became even more attractive to conservatives during the COVID pandemic. People like Ward saw the state as a sanctuary from mask mandates and vaccine requirements. The Legislature, which typically convenes for only 20 or 40 days depending on the year, experienced a surge in influence from the rambunctious Freedom Caucus. The caucus grew from five members in 2017 to 26 members in 2023. Legislative sessions, once primarily focused on passing a budget, now became arenas for heated debates over bills sponsored by newly elected officials. These bills aimed to ban the teaching of critical race theory and transgender girls from participating in girls’ athletic events.

In March 2022, the caucus took the initiative to pass the trigger law that prohibits abortion. Burkhart expressed her thoughts, saying, “I believed that we could simply challenge the state through legal action.”

Burkhart observed the firefighters and police officers from the bed of a truck across the street later that morning. He vividly recalled his thoughts at that moment, realizing the gravity of the situation. He thought to himself, “This is serious. You could end up putting yourself or someone else in danger.”

To her surprise, the staff she had hired made a commitment to stay by her side. Even her contractor, who happened to be a Trump voter, went above and beyond, working extra hours to rebuild the clinic. However, he politely declined to display his sign outside the clinic.

In July 2022, Burkhart, Lichtenfels, and other advocates for abortion rights in Wyoming filed a lawsuit to challenge the trigger ban. One of their arguments was that the ban violated the state constitutional right that grants adults the freedom to make their own healthcare decisions. A judge granted a temporary block on the law, stating that the plaintiffs had a high likelihood of success in the upcoming trial.

In response, the Legislature took action in March 2023 by enacting a new law that brought about changes to the constitution. The amended constitution now states that abortion is not considered as healthcare. Additionally, the Legislature passed another law that specifically prohibits medication abortion. However, the implementation of these laws was once again halted by the judge.

Ward, who was among them, criticized the state’s Republican governor for his lack of genuine pro-life stance. According to Ward, the governor’s appointment of a “radical judge” who suspended the abortion ban was a blatant disregard for the Legislature and the will of the people.

During the council meeting, she expressed her thoughts on the court’s approach towards medical freedom. She humorously pointed out how the court seems to protect the right of women to terminate pregnancies, while neglecting to protect our rights when it came to forced vaccinations or job loss during the pandemic.

While sitting in the administrative office at Wellspring, she furrowed her brows as she examined the medical records. She couldn’t help but worry that the staff didn’t fully grasp the consequences of improperly filled out paperwork, as the state could potentially hold her accountable. In an attempt to bring clarity to the process, she meticulously traced a marker over a whiteboard, mapping out the seamless transition of patients from the waiting room to treatment and eventually to the recovery room.

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Staff members referred to it as mission work.

โ€œBeing a nurse is my way of providing support to these girls during their difficult times,โ€ expressed Brittany Brown, emphasizing her passion for her profession. Growing up in conservative Kansas, she gained a deep understanding of the challenges women can encounter, particularly after becoming a single mother following her husband’s departure. While scrolling through Facebook, an article about the clinic caught her attention, prompting her to pursue a career there. Previously employed at a corporate-owned clinic, Brown felt drained from the demands of COVID and desired to contribute meaningfully to others’ lives.

In the recovery room, she and Burkhart attended to Jade, a 22-year-old college student who referred to the clinic as her “saving grace.” Jade and her partner had traveled for four hours from their home in Montana. Jade mentioned that the clinics near their home were extremely busy, with some not even returning her call or offering an appointment until two months later.

Growing up in and out of foster care, she and her sisters experienced a challenging childhood. Her parents, who were immigrants and teenagers when she was born, struggled to provide a stable home environment. Reflecting on her past, she expressed a strong desire to prevent others from enduring the same hardships she faced as a child.

Jade entered the clinic when she was 11 weeks pregnant. After a few hours, she bid farewell to a nurse who gave her a warm hug. As she left, she carried a paper bag with recovery instructions and birth control. Written on the bag was a message from a staff member, encouraging Jade to “Live life to the absolute fullest!”

ustrations during the fall season. She faced delays in receiving reimbursements from insurance companies and abortion funds, which caused concerns about budgets and made it difficult for her to retain her staff. In an attempt to address the situation, she had to let go of some individuals whom she suspected of being “antis.” Additionally, some employees chose to leave the organization due to their frustration with Burkhart’s perceived disorganization and unattainable expectations.

In late September, she made a trip to Cheyenne to personally attend the sentencing of the 22-year-old woman who had admitted to setting the clinic on fire. Burkhart’s intention was to express her deep appreciation for the efforts of law enforcement. “It’s not often that individuals responsible for such acts are apprehended,” she remarked.

She also mentioned that nobody was able to apprehend the bomber or the person responsible for drilling a hole in the roof and flooding the clinic. She expressed that this is also a tribute to Dr. Tiller.

However, her visits to Wyoming became less frequent over time. According to staff members, Burkhart had an outburst during a videoconference just before Thanksgiving and even threatened to quit.

In late January, she informed the staff that she would step down from her position as the clinic’s manager, but she would still be in charge of Wellspring’s board.

In a phone interview, Burkhart expressed the challenges of her work, stating, “This work is relentless, and I’m constantly striving to find a balance in my life.” Despite the challenges, she clarified that it was not the local opposition that affected her the most. “Aside from the arson incident, this is not the most hostile area I have worked in this country,” she added.

She also co-owns a clinic in Illinois and plans to open more in the future. She describes herself as someone who thrives in startup environments.

“It was simply overwhelming,” she expressed. “What truly brings me joy is the process of building. I find immense satisfaction in starting from nothing and transforming it into something meaningful. Witnessing our patients walk through our doors and benefit from our work is incredibly rewarding.”

Recruiting Burkhart was a decision that Lichtenfels made without hesitation. The arson incident had undoubtedly affected her deeply. It was a challenging time for her as she had to ensure that both donors and staff members didn’t lose hope. The uncertainty surrounding the identity of the perpetrator and their potential future actions only added to the weight on her shoulders.

Lichtenfels acknowledged that she was well aware of the dangers involved, especially considering her previous encounter with Dr. Tiller’s tragic murder. Nevertheless, she emphasized that experiencing such incidents takes a significant toll both emotionally and physically.

Brown, a nurse, will be in charge of running the clinic in Casper. The clinic will be overseen by a new executive director who currently resides in Arkansas. Interestingly, this executive director used to work with Burkhart at Trust Women in Wichita. Burkhart expressed her optimism regarding the future of the clinic under their guidance, stating, “We have put in so much effort to see things thrive, not crumble.”

The closure of the medication abortion clinic in Jackson in December, citing high rent and other expenses, has resulted in a growing demand. As a result, Wellspring, the only remaining abortion clinic in the state, now has a significant void to fill. Data from the Wyoming Department of Health reveals that the number of abortions in the state has doubled between 2021 and 2022.

Burkhart’s clinic continues to be a plaintiff in the lawsuits that are challenging Wyoming’s abortion law. A trial is scheduled for April, but in December, both the state and the abortion rights providers appeared in court to advocate for a more expedited judgment. The judge has the authority to make a ruling at any moment.

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