3 GOP lawmakers make a new attempt to amend Wisconsin's 1849 abortion law to exempt pregnancy complications

MADISON - Republican lawmakers are again attempting to exempt pregnancy complications from the state's near-total abortion ban — an idea that failed to get traction already this legislative session.

Three GOP lawmakers are proposing a package of abortion-related legislation that includes a bill that would change the definition of abortion in Wisconsin law to exempt situations involving pregnancy complications that could result in serious or fatal consequences to the mother if left unaddressed.

Sen. Romaine Quinn of Cameron and Reps. Gae Magnafici of Dresser and Donna Rozar of Marshfield in a memo to colleagues seeking support said the measure is needed because "pro-abortion groups have sowed doubt regarding whether current laws offer adequate protection to medical professionals who must perform a life-saving intervention on a pregnant woman."

But Wisconsin doctors have told the Milwaukee Journal Sentinel the state's abortion law was forcing them to delay or deny care in high-risk pregnancies for fear of legal consequences.

Abortion is effectively outlawed in Wisconsin after a 2022 U.S. Supreme Court ruling that overturned its 1973 decision legalizing abortion nationwide. The ruling put back into effect a 19th Century law that makes it a felony crime for doctors to perform abortions in any case except when the mother will die without one.

Democratic Gov. Tony Evers and Attorney General Josh Kaul have filed a lawsuit to invalidate the 1849 law, which would likely put back into place a law passed in the last decade that bans abortions after 20 weeks of pregnancy. Evers has said he would veto any bill that keeps in the place the abortion ban.

The issue of abortion has been attributed to GOP losses in major statewide races since the U.S. Supreme Court ruling and pushed some GOP lawmakers who control the state Legislature to put forward proposals to modify the state's abortion ban.

But the first effort to do so failed. A bill proposed earlier this spring and backed by Assembly Speaker Robin Vos would have exempted pregnancies resulting from rape and incest and situations involving serious pregnancy complications. Senate leaders blocked the measure from moving forward and it has not received a public a hearing in the Assembly either.

It faced opposition from anti-abortion groups largely because it would have made legal abortions for pregnancies resulting from rape and incest.

Vos said Tuesday the bills have merit but that "what I hear most from constituents is that we need to not only clarify the law but add exceptions for rape and incest.”

A new package of legislation, released Tuesday, would change the definition of abortion to ensure pregnancy complications are not affected by the abortion ban and would allow tax filers to claim unborn children as dependents.

According to the nonpartisan Legislative Reference Bureau, one bill changes the definition of abortion so it does not include "an early induction or cesarean section performed due to a medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar pregnancy."

"However, in all of these cases, a physician must make reasonable medical efforts to preserve both the life of the mother and her unborn child. All life is precious," the bill authors wrote in a co-sponsorship memo.

"We support what has always been the pro-life position, that of protecting the life of both a mother and her unborn child during pregnancy."

Senate Minority Leader Melissa Agard, a Democrat from Madison, called the package "extreme, unserious policies that will never become law."

"Republicans in Wisconsin should focus on bills the people of our state actually want like reinstating safe, legal abortion and passing a paid family medical leave program," Agard said. "How many statewide elections do Republicans need to lose before they learn these lessons?"

Democrats have long pushed to repeal the 19th Century abortion law and have opposed GOP efforts to amend the law but keep it in place. Also on Wednesday, four Democratic lawmakers again introduced a bill that would require insurance providers to cover maternity and newborn care as essential health benefits.

“Every woman in Wisconsin deserves access to high quality and affordable maternal healthcare," Rep. Robyn Vining, D-Wauwatosa, said in a statement. The bill was introduced by Vining, Rep. Dora Drake of Milwaukee, and Sens. Kelda Roys of Madison and LaTonya Johnson of Milwaukee.

"Prenatal and postnatal healthcare can identify and treat complications of pregnancy such as preeclampsia, gestational diabetes, ectopic pregnancies, life-threatening mental health concerns, infection, and other potentially life-threatening complications, for mother and child. Lack of healthcare coverage, or the potential of losing health coverage, could make this crucial healthcare inaccessible or unaffordable."

Without exceptions for pregnancies resulting from rape and incest, the GOP package has the support of anti-abortion groups that opposed Vos' previous bill.

"While we know Governor Evers will not entertain signing this effort into law, it allows for a vital conversation to spread the truth about what are legally acceptable procedures to care for both mothers and their preborn children," Gracie Skogman, a lobbyist for anti-abortion group Wisconsin Right to Life, said.

"The pro-life movement cares deeply about both women and their preborn children, and this legislation affirms those goals."

Matt Sande, who represents Pro-Life Wisconsin, also said the group supports the package.

Another bill would allow income tax filers to claim a fetus as a dependent if an ultrasound detects a fetal heartbeat. The bill also increases the individual income tax exemption for a taxpayer’s dependent from $700 to $1,000, according to the legislative reference bureau. Under the bill, the filer must include an attestation from a person qualified to perform an ultrasound that a fetal heartbeat has been detected.

GOP state Sen. Mary Felzkowski and more than two dozen Republican lawmakers introduced legislation in April that would create exceptions to the state's 19th-century near-total abortion ban for pregnancies resulting from sexual assault, incest and in situations when the mother is experiencing serious pregnancy complications.

In May, Senate President Chris Kapenga assigned the bill to a committee led by GOP Sen. Andre Jacque, who has authored dozens of bills that would restrict abortion access including one that would bar public officials from even promoting the idea of abortion.

Senate Majority Leader Devin LeMahieu said in January he supports clarifying the law to address uncertainty on the part of doctors in situations involving complications like ectopic pregnancies, which can require abortion procedures to address before a woman's health is at risk. Aides to LeMahieu did not immediately say whether he supports the bill released Tuesday.

According to recent state polling by the Marquette University Law School, the vast majority of Wisconsin voters want exceptions to the state's 1849 abortion law.

Molly Beck can be reached at molly.beck@jrn.com.

Our subscribers make this reporting possible. Please consider supporting local journalism by subscribing to the Journal Sentinel at jsonline.com/deal.

DOWNLOAD THE APP: Get the latest news, sports and more

This article originally appeared on Milwaukee Journal Sentinel: 3 Republican lawmakers seek to amend Wisconsin's 1849 abortion law