Timeline of abortion rights, lawsuits and access in Wisconsin

Abortion access in Wisconsin has continued to change over the state's 175 years.

The following timeline details changing abortion laws in Wisconsin with information drawn from the state's Legislative Reference Bureau, court records and media accounts.

In general, people having an abortion were not subject to criminal prosecution throughout the state's history. Depending on the time period, doctors or others performing the procedure could be at risk for arrest and criminal prosecution under various laws.

May 29, 1848: Wisconsin becomes a state

Wisconsin becomes the 30th state.

March 31, 1849: Governor signs abortion ban

Gov. Nelson Dewey signs the state's first abortion ban, which classifies the "willful killing of an unborn quick child" as manslaughter.

It also says anyone who provides a medicine, drug or other substance or uses an "instrument or other means" with "intent" to destroy a "quick child" could face a manslaughter charge if the fetus or pregnant woman dies, unless the action was needed to try to save the woman's life.

At this time, quickening generally meant the first time a woman could feel fetal movement, which typically occurs midway through pregnancy.

1858: State lawmakers tighten abortion law

Wisconsin lawmakers amend the abortion statute to remove the word "quick."

As a result, performing an abortion at any point during pregnancy could result in a second-degree manslaughter charge, which carries a penalty of four to seven years in prison.

Elsewhere in state law, assisting a pregnant woman with having a "miscarriage" is listed as being punishable by up to one year in jail.

1923: Wisconsin Supreme Court says a two-month embryo 'is not a human being in the eye of the law'

The state Supreme Court issues a ruling in Foster v. State.

In that case, a person was charged with manslaughter for performing an abortion on someone about two months into a pregnancy.

The justices decide state lawmakers made a distinction in penalties depending on how far along a pregnancy was.

The manslaughter charge only applies after quickening, the court says, noting that a “two months’ embryo is not a human being in the eye of the law.”

1955: Wisconsin adopts a new criminal code

The legislature incorporates existing abortion laws into a new criminal code.

The law bans any person other than the mother from intentionally destroying the life of an “unborn child."

Jan. 22, 1973: U.S. Supreme Court rules in Roe v. Wade

The U.S. Supreme Court decides Roe v. Wade and finds a constitutional right to end a pregnancy before fetal viability.

The ruling makes Wisconsin's criminal laws on abortion unenforceable.

1985: Wisconsin Legislature prohibits abortion after fetal viability

State lawmakers approve a new law that bans a person from performing an abortion “after the fetus or unborn child reaches viability, as determined by the reasonable medical judgment of the woman’s attending physician.”

The law has an exception that an abortion can be performed after fetal viability if it's necessary to preserve the life or health of the pregnant woman.

1994: Wisconsin Supreme Court says 1849 law is about 'feticide,' not abortion

In State v. Black, the state Supreme Court rules the 1849 law applies only to “feticide,” meaning the killing of an unborn child without the mother’s consent.

In that case, a husband was charged with repeatedly punching his pregnant wife five days before her due date and causing the full-term baby's death.

In its decision, the court draws a distinction between feticide and abortion, which is a consensual, medical procedure. The 1985 statute pertains to abortion, not the 1849 law, the court says.

2015: State lawmakers approve 20-week abortion ban

Wisconsin lawmakers pass a law banning the performance of an abortion by any person "if the probable postfertilization age of the unborn child is 20 or more weeks.”

Most fetal anomalies and serious problems in pregnancy are not known until the 20-week ultrasound, also called an anatomy scan.

June 24, 2022: U.S. Supreme Court rules in Dobbs v. Jackson Women's Health Organization

The U.S. Supreme Court overturns Roe v. Wade in its Dobbs decision, finding there is no constitutional right to abortion before fetal viability.

The decision results in a patchwork of abortion laws and access across the country. In Wisconsin, most abortions stop, as it is unclear what state laws are enforceable. Without legal clarity, the 1849 ban essentially goes back into effect.

June 28, 2022: Gov. Tony Evers and Attorney General Josh Kaul file lawsuit challenging 1849 abortion ban

Gov. Tony Evers and Attorney General Josh Kaul file a lawsuit challenging the 1849 abortion ban which has never been repealed. The lawsuit is expected to end up before the state Supreme Court.

Nov. 8, 2022: Evers, Kaul win re-election

Evers and Kaul win re-election. Both campaigned on abortion rights.

April 4, 2023: Liberal judge wins seat on state Supreme Court

Voters elect Janet Protasiewicz, a Milwaukee County judge who said she supports abortion access, to the Wisconsin Supreme Court.

The decision gives liberals control of the state's highest court for the first time in 15 years.

July 7, 2023: Judge allows abortion lawsuit to continue, says she does not believe 1849 law applies to abortion

Dane County Circuit Judge Diane Schlipper denies a motion to dismiss the lawsuit filed by Kaul.

In her decision, she also addresses the 1849 statute writing: "There is no such thing as an '1849 Abortion Ban' in Wisconsin. A physician who performs a consensual medical abortion commits a crime only 'after the fetus or unborn child reaches viability."

The law does not prohibit consensual medical abortions, the judge wrote.

Sept. 14, 2023: Planned Parenthood announces it will resume abortion care in Wisconsin

Planned Parenthood of Wisconsin says it will resume abortion care at clinics in Milwaukee and Madison beginning on Sept. 18, citing the Dane County judge's earlier opinion.

The lawsuit filed by Kaul remains pending.

Dec. 5, 2023: Judge rules Wisconsin's 1849 law does not ban abortions

Dane County Circuit Judge Diane Schlipper rules that a 174-year-old law thought to prohibit abortion in Wisconsin does not, in fact, do so.

Schlipper rules that the law in question, a statute written in 1849, does not apply to abortions but to feticide.

A consensual abortion is sought out by a pregnant woman who voluntarily determines to end a pregnancy. Schlipper's ruling is based on a 1994 state Supreme Court decision that determined feticide is a nonconsensual act in which somebody batters a woman to the point she loses the pregnancy.

Dec. 18, 2023: Planned Parenthood announces it will resume abortion services in Sheboygan

The Planned Parenthood of Wisconsin clinic in Sheboygan announces it will resume abortion services Dec. 28 after suspending them nearly a year-and-a-half ago.

Unlike its clinics in Madison and Milwaukee, Planned Parenthood's Sheboygan site only provides medication abortions. It doesn't provide surgical abortions. Medication abortions are available to pregnant women up to 12 weeks.

Dec. 19, 2023: Sheboygan County District Attorney Joel Urmanski appeals ruling

Sheboygan County District Attorney Joel Urmanski appeals Schlipper's ruling, asking the Waukesha-based 2nd District Court of Appeals to hear the case.

Jessica Van Egeren, Molly Beck and Jessie Opoien of the Journal Sentinel staff contributed to this report.

This article originally appeared on Milwaukee Journal Sentinel: A timeline of abortion access, laws in Wisconsin