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FACT BRIEF

Does Wisconsin have the oldest abortion ban in the nation?

By Erin Gretzinger
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YES

Wisconsin's 1849 ban on abortion is the oldest in the nation that could go into effect post-Roe, according to the Guttmacher Institute, a reproductive health advocacy and research organization.

While it is not clear if the ban is in effect currently — Gov. Tony Evers and Attorney General Josh Kaul are challenging that in court — clinics have stopped providing abortions amid the legal uncertainty. 

The law makes it a felony for anyone besides the mother to “intentionally (destroy) the life of an unborn child.” The law has an exception for "therapeutic abortions" to “save the life of the mother,” but the meaning of that antiquated term is unclear.

Several other states also have bans from the 1800s that were left on the books following the Supreme Court's 1973 Roe v. Wade decision, including Arizona, Arkansas, Michigan, Mississippi, Oklahoma, Texas and West Virginia.  

See a full discussion of this at Wisconsin Watch
This fact brief is responsive to conversations such as this one.
Sources
Wisconsin Watch Guttmacher Institute Statement to Wisconsin Watch
Wisconsin Public Radio A 172-year-old abortion law could go back into effect in Wisconsin
Wisconsin Department of Justice Gov. Evers, AG Kaul Announce Direct Legal Challenge to Wisconsin’s 1800s-era Criminal Abortion Ban
Wisconsin Watch Wisconsin’s 173-year-old ban allows only life-saving ‘therapeutic abortions.’ No one knows what that means.
USA Today After Roe v. Wade, abortion bans from the 1800s became legal matters in these states
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Wisconsin Watch
Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.