Written by Ray Kirsch and Lexi Spevacek

Abortion laws in Wisconsin have been a point of contention in the state's politics for years. When the United States Supreme Court overturned Roe v. Wade in 2022, an 1849 law banning abortion went back into effect in Wisconsin. As of Sept. 18, 2023, two Planned Parenthood locations have resumed offering abortions. 

Wisconsin's first laws regarding abortion were established in 1849 as part of Assembly Bill 116, a bill regarding homicide. The bill focused on women pregnant with a “quick child,” which was defined as “the first perception of fetal movement by the pregnant woman herself.” In 1858, Wisc. legislators removed “quick” in front of child, prohibiting abortions at any state of gestation. Roe v. Wade was introduced in 1973, protecting the general right to have an abortion nationwide. 

For many birthing individuals, Roe v. Wade was vital for protecting reproductive rights. The Raging Grannies of Madison is a group of women who advocate for reproductive justice. Many of them, like members Kathy Miner and Deborah Lofgren, witnessed what these rights looked like before Roe v. Wade was introduced. 

Lofgren recalled her experience with the difficulties of accessing birth control and her personal abortion story.

“Wisconsin was still not allowing birth control, much less abortion, and I personally had an illegal abortion. I ended up flying to New York and going into the basement in the Bronx. The person who performed the abortion was a doctor, and I think he was from Cuba,” Lofgren said. “I was able to communicate with the nurse, but I couldn't communicate with the doctor. It was a terrifying experience.” 

Following the introduction of Roe v. Wade, Wisconsin lawmakers proposed several bills restricting abortion access for people with uteruses. The 1985 Wis. Act 56 prohibited abortions “after the fetus or unborn child reaches viability,” except if necessary for the health and life of the woman. The 2015 Wisc. Act 56 prohibited abortions for 20 or more weeks of pregnancy. 

Miner recalled how accessing birth control, let alone other reproductive health care, was difficult due to periodical police raids of clinics. 

“All I wanted to do was take responsibility for my own sexuality and make sure that I didn't have a pregnancy when I wasn't ready for one,” Miner said. “And I couldn't do it. Planned Parenthood was the only way.” 

In June 2022, nationwide abortion access changed with the overturn of Roe v. Wade. The Supreme Court's ruling created a 15-month period of almost no legal abortions to be allowed in Wisconsin. As of Sept. 18, 2023, two Planned Parenthood locations in Wisconsin resumed their abortion services. 

Prior to the Dobbs decision, Planned Parenthood of Wisconsin offered abortion services at the Madison East, Milwaukee, and Sheboygan locations. All three halted abortion operations in June of 2022, but Planned Parenthood of Wisconsin continued providing resources and support for people to access abortions out of state if needed.

According to Michelle Velasquez, Chief Strategy Officer and acting Director of legal advocacy services for Planned Parenthood Advocates of Wisconsin, PPWI helped patients with logistics of traveling to Illinois for reproductive services and helped provide financial support.

“It was really devastating for people who had spent their careers and devoted to serving people in this capacity and challenging to make sure that people could access healthcare out of the state,” Velasquez said.

Some Wisconsin reproductive healthcare providers even traveled to Illinois to help increase the service capacity of facilities in Illinois since the state had become a safe haven for women from surrounding states.

“So even though people were of course really upset and devastated that they couldn't serve patients here in Wisconsin, I think they were happy at least to be a part of a solution in Illinois,” Velasquez said. “I know that when patients from Wisconsin traveled and they learned that their physician or reproductive health assistant or nurse was also from Wisconsin and had traveled, there was some sense of solidarity in that.”

For many individuals across Wisconsin, the Dobbs decision made accessing reproductive healthcare resources more difficult. 

WMF Wisconsin, a branch of a national nonprofit abortion fund organization, has existed since before Roe v. Wade was originally passed in 1973. According to Ali Muldrow, the executive director of WMF Wisconsin, after the Dobbs decision WMF shifted to providing funding and practical support for patients to travel out-of-state to receive abortions, such as travel and lodging fees. Muldrow said that WMF does not turn anyone away.

In June of 2022, Wisconsin Attorney General Josh Kaul filed a lawsuit challenging the Dobbs decision, claiming that it could not be enforced since the 1849 law regarded feticide and not abortion. 

“The court has said so far that that law doesn't actually apply to abortions at all, that law prohibits conduct that is feticide, which is the intentional taking of an unborn child's life through something nonconsensual like an assault or battery, which was the facts of the case the court had analyzed,” Velasquez said. “Feticide is something different than abortion and this law does not criminalize consensual abortion.”

In September of 2023, the Madison East and Milwaukee Planned Parenthood locations began offering abortions again. Velasquez said that accessing consistent appointments can be difficult due to various restrictions. When considering how to maximize access to care, they determined the Madison and Milwaukee locations would provide the greatest accessibility because both provide medication and procedural abortions. Velasquez said the organization has received an outpour of support following the decision to resume abortions.

Both Velasquez and Muldrow stressed that there are still barriers to reproductive healthcare in Wisconsin, even after PPWI resumed abortion care. Muldrow highlighted that the two locations of PPWI are not accessible to the entire state, especially rural areas. 

The future of reproductive healthcare in Wisconsin may seem unclear, but Secretary of State Sarah Godlewski remains optimistic that reproductive justice can be improved in the state. Before she began her term as Secretary of State, Godlewski launched Women Win Wisconsin, served on the board for the U.S. Fund for UNICEF and advocated for reproductive rights in various capacities. Godlewski reflected on how abortion laws have affected the people of Wisconsin. 

“The fact that we still have an abortion ban on the books is the reason why a majority of providers do not provide abortion care anymore,” Godlewski said. “The fact that it criminalizes doctors has put doctors in a position where they don't feel comfortable necessarily with all the tools in their toolbox to best take care of women or people who are pregnant.”

Godlewski also discussed how medical students have been impacted from the lack of resources for OB-GYN training. 

“We've seen how more people don't want to be OB-GYNs in Wisconsin, which impacts particularly rural places because we already have a hard time finding OB-GYNs in rural Wisconsin,” Godlewski said. 

When considering the future of reproductive rights in Wisconsin, Godlewski hopes to see more pro-choice women in governmental positions, specifically the U.S. Senate. Her hope is that all Wisconsin citizens will have access to reproductive care that is accessible, affordable and accepted as a normal, medical treatment.  

Works Cited

A Brief History of Abortion Laws in Wisconsin (Rev. Ed.), docs.legis.wisconsin.gov/misc/lrb/lrb_reports/history_of_abortion_laws_6_4.pdf. Accessed 19 Dec. 2023. 

Lehr, Sarah, and Margaret Faust. “Abortions Resume in Wisconsin after 15 Months of Legal Uncertainty.” NPR, NPR, 21 Sept. 2023, www.npr.org/sections/health-shots/2023/09/21/1200610927/abortions-resume-in-wisconsin-after-15-months-of-legal-uncertainty#:~:text=The%20decision%20follows%20a%20nearly,Wade. 

Parenthood, Planned. “PPWI Resumes Abortion Services.” PPWI Resumes Abortion Services | Planned Parenthood of Wisconsin, Inc., www.plannedparenthood.org/planned-parenthood-wisconsin/get-involved/ppwi-resumes-abortion-services. Accessed 18 Dec. 2023. 

“Wisconsin Department of Justice.” Gov. Evers, AG Kaul Announce Direct Legal Challenge to Wisconsin's 1800s-Era Criminal Abortion Ban | Wisconsin Department of Justice, 28 June 2022, www.doj.state.wi.us/news-releases/gov-evers-ag-kaul-announce-direct-legal-challenge-wisconsin%E2%80%99s-1800s-era-criminal.