The state of Wisconsin's 1849 law banning abortion no longer applies, said the Wisconsin State Supreme Court in a 4-3 ruling on July 2.
The justices ruled in the case Kaul v. Urmanski that various legislation enacted over the last half century was intended to be a substitute for 940.04, the Wisconsin law banning abortion except in situations to save the life of the mother.
This decision, said the Wisconsin Catholic Confernce, is "nonsensical."
"For 175 years, everyone in the state, supporters and opponents alike, understood that 940.04 and its subsequent amendments reflected the legislature’s intent that abortion should remain illegal. When Dobbs returned the issue of abortion to the states, even Planned Parenthood acknowledged 940.04 was enforceable and in effect,” Wisconsin Catholic Conference Executive Director Barbara Sella said in a statement released following the ruling.
The Wisconsin Catholic Conference is the public policy voice of the state's Cathoilc bishops.
Abortion, said Sella, is not found in a civilized society.
"In 1849, Wisconsin banned abortion and in 1853 it abolished the death penalty. There is no other way to read this [new] decision than that the Court’s majority has abandoned Wisconsin’s proud legacy of protecting all human life," she said.
Wisconsin Right to Life, a pro-life advocacy group, offered similar sentiment.
“This is a deeply disappointing decision for those of us who believe every human life has inherent value and deserves legal protection from the moment of conception," said Heather Weininger, executive director of Wisconsin Right to Life, in a statement released after the decision.
"For over 175 years, Wisconsin’s 940.04 statute recognized that truth," said Weininger.
Legislate from the bench
What's more, she said, "the court did not point to a single state statute that specifically repealed 940.04. To assert that a repeal is implied is to legislate from the bench."
Despite the court's decision, said Weininger, the fight for life will continue.
“But let me be clear: Wisconsin Right to Life is not backing down. We are more committed than ever to advancing a culture of life in our state — through education, advocacy, and direct support for women facing unplanned pregnancies. Even as the courts shift, our mission stays the same: to ensure that every life, born and unborn, is valued and protected.”
