ALERT: Roe v. Wade Overturned
The U.S. Supreme Court has stripped us of our federal constitutional right to abortion. The #1 thing you can do right now is help protect abortion access at the state level.
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Repealing Wisconsin's 1849 law, 940.04, formerly referred to as the criminal abortion ban - would take that law off Wisconsin's books and inoculate against any future reversal of favorable court decisions interpreting this law as not applying to abortion.
What does this mean for abortion access in Wisconsin?
The Supreme Court has taken away our constitutional right to abortion. This ruling takes away the freedom to control our bodies and personal health care decisions, giving it to politicians to decide.
Here in Wisconsin, the Republican members of the state Legislature have refused to repeal the 1849 law (940.04) - following the lead of lawmakers from nearly 200 years ago who also believed women shouldn't have the right to vote.
Planned Parenthood of Wisconsin (PPWI) always maintained that Wis. Stat. 940.04 (commonly referred to as the 1849 criminal abortion ban) was not enforceable, and did not automatically spring back to life with the overturning of Roe v Wade. However, due to the real threat of prosecution by those who believed the 19th century law sprung back to life when Roe was overturned, PPWI made the painstaking decision to temporarily suspend abortion services in 2022 until they received clarification from a court. The Dane County Circuit Court issued that clarification in July 2023 that the law was unenforceable for consensual abortions.
The court’s analysis and decisions confirm that Wisconsin does not have an enforceable abortion ban and that the 1849 law did not spring back to life.
What can I do to help ensure abortion remains legal and accessible in Wisconsin?
Sign on to support our Restore Protect Expand Legislative Agenda.
Protecting access to abortion and birth control is essential to ensuring everyone has the ability to make decisions about their reproductive health and lives. Planned Parenthood Advocates of Wisconsin is working to eliminate barriers to ensure access to the full range of sexual and reproductive health services and advance sexual and reproductive health equity.
Where can I find Frequently Asked Questions?
Find FAQs and their answers about current access to abortion in Wisconsin.