Pre-emptive strike

By Sam Lucero
News and Information Manager

Did you know Wisconsin has a law prohibiting abortion, except when the mother's life is in danger?

The statute, section 940.04, has been on the books since statehood, but was made unenforceable in 1973 when two U.S. Supreme Court decisions - Roe v. Wade and Doe v. Bolton - legalized certain abortions.

After the high court legalized abortion, s. 940.04 was all but forgotten. But in recent years, as more citizens and lawmakers have come to question the wisdom of this federal law, the state law has begun to garner attention.

Much of the attention began after South Dakota lawmakers passed a law banning abortion in 2006. The law was passed in an effort to legally challenge and possibly overturn Roe v. Wade.

That same year, abortion-rights lawmakers in Madison - knowing that Roe v. Wade's future was in question - began a campaign to repeal s. 940.04. Their argument was that Wisconsin's law is too draconian: up to 15 years in prison and a $50,000 fine for doctors who perform abortions. They want the law repealed so that, when the time comes, a watered down version of the law could be proposed. As it stands, no legislation is needed and no governor's signature is required. The law already exists and would automatically go back into effect.

That campaign fizzled, but according to Barbara Lyons, executive director of Wisconsin Right to Life, a new effort to repeal s. 940.04 is in the works. The new initiative is serious enough for WRL to issue an action alert last week.

"Wisconsin Right to Life has been alerting pro-life people all over the state for two years that this alarming and devastating legislation would be attempted by Planned Parenthood and its allies," said Lyons. "It is now a reality."

According to Lyons, proposed legislation to repeal s. 940.04 is being billed as the "Women's Health and Safety Act."

"And, true to form, they mislead the public by stating that, should abortion be outlawed, women who have abortions will go to jail," said Lyons. "Not true. In 1985, the state legislature enacted a provision which would make only the abortionist the criminal, not the woman."

Lyons urges concerned citizens to contact their state legislators and ask them to protect s. 940.04. To contact a state legislator online, go to http://waml.legis.state.wi.us/.