Wednesday, Nov. 9, 2022
Does Wisconsin have the oldest abortion ban in the nation?
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.
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
About fact briefs
Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
See all fact briefs
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.
Learn MoreLatest Fact Briefs
Is the majority of federal government spending mandatory?
Thursday, Mar. 20, 2025