(C) Wisconsin Watch
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Wisconsin abortion law: What are the exceptions? [1]
['Tom Kertscher', 'Wisconsin Watch', 'More Tom Kertscher', 'Fact Checker']
Date: 2023-03-23 18:40:10+00:00
Reading Time: < 1 minute
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Yes.
The Wisconsin law prohibiting nearly all abortions states:
“Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.”
The prohibition was signed by Gov. Nelson Dewey on March 31, 1849.
The law provides an exception for an abortion “necessary to save the life of the mother.” It applies to a child who has “quickened,” or whose movements are perceptible to the parent.
Wisconsin’s prohibition was made unenforceable by Roe v. Wade, the 1973 U.S. Supreme Court decision establishing a national right to an abortion.
On June 24, 2022, the high court overturned Roe. Wisconsin abortion providers stopped offering abortions while a challenge to the 1849 law is pending.
On March 21, 2023, Gov. Tony Evers and fellow Democrats announced reintroduction of a bill to repeal the 1849 law — a measure Republicans refused to consider in 2022.
See a full discussion of this at Wisconsin Watch
This Fact Brief is responsive to conversations such as this one.
Sources
Wisconsin State Legislature Wisconsin Legislature: 940.04
Wisconsin State Legislature A Brief History of Abortion Laws in Wisconsin
State of Wisconsin LRB-0692/1
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