Abortion Access in Wisconsin

Abortion Access in Wisconsin

Abortion Access in Wisconsin

Does the League have a stance on abortion?

The League has been an advocate for equal access to health care, specifically reproductive justice, for decades. Our position and advocacy recognize that severe inequities in access to health care and reproductive justice lead to severe inequities in education and economic opportunities, especially for women of color and lower-income women.  

All people deserve access to abortion care when they need it, on a timeline of their choosing, and in a community and an environment they trust and feel safe in.

In June, the Supreme Court of the United States is expected to decide on Dobbs v. Jackson Women's Health Organization. The Court's decision could weaken or overturn Roe v. Wade (1973), a case where SCOTUS held that the Constitution protects privacy--including the freedom to choose to have an abortion. This protection of privacy was reaffirmed in Casey v. Planned Parenthood of PA (1992). Before Roe, in Wisconsin and roughly 30 other states, abortion was illegal. This was especially detrimental to pregnant people who didn't have the resources to travel to a state where abortion was legal. 

What is going on in Wisconsin?

If Roe is weakened or overturned, Wisconsin would fall into the "hostile" category, according to the Center for Reproductive Rights. This is because our state law does not explicitly protect the right to abortion and there are already barriers in place that make it difficult for people to access care. 

Why do I keep hearing about 1849?

According to state law, it has been illegal to perform an abortion in Wisconsin since 1849. This law is over 170 years old; however, once Roe went into effect in 1973, that law became unenforceable. This law doesn't make it illegal for a pregnant person to end their pregnancy. It does make it a crime for a physician to provide an abortion. If Roe v. Wade is completely overturned, it is possible that this law may go back into effect here in Wisconsin. 

What can I do right now?

Right now, abortion is still legal and it is safe. Support those around you and spread resources to help those in need obtain care and correct information. Help spread awareness about what could happen in Wisconsin if Roe v. Wade is overturned and how this decision would create further inequities in healthcare and access to abortion care. Have conversations about abortion care and access with your family and friends. This is not the future we want for our families, friends and communities. 

What do state courts have to do with this?

If Roe v. Wade is overturned by SCOTUS, the right to an abortion will come down to state-by-state decision making. About 95% of all legal cases in the United States are decided by state courts. While it's true that state courts have not always lived up to a standard of objectivity, we must continue to strive to improve state courts so they can apply the law impartially and protect our rights and liberties. The League has always stood for fair and transparent courts, and now more than ever, we need a state court that prioritizes justice, not politics. 

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