Assembly passes referendum on 14-week abortion ban that faces certain Evers veto

MADISON – Assembly Republicans voted Thursday to pass a bill asking voters whether Wisconsin should ban abortions after 14 weeks of pregnancy, despite a certain veto from Democratic Gov. Tony Evers.

With voters’ approval, the legislation would ban abortions 14 weeks after "probable fertilization" except in situations where the mother's life or health would be endangered without the procedure — a measure that would reduce the timeframe for legal abortions in Wisconsin by six weeks.

It passed the Assembly with a 53-46 vote after 2 1/2 hours of debate, sending the measure to the Republican-led Senate.

It did not initially include exceptions for pregnancies resulting from rape or incest, but the bill's authors amended it this week to add those exemptions following public criticism. Amendments to the bill also require doctors to "make reasonable efforts" to preserve the life of the fetus during medical emergencies.

The bill deploys a seldom-used process by which a law passed by the Legislature and signed by the governor can be enacted only with voters' approval.

"The people should be deciding on abortion, not the court. (This bill) gives the people a voice," bill co-author Rep. Amanda Nedweski, R-Pleasant Prairie, told reporters before Thursday's vote. "Why would anyone not want to hear directly from the people?"

Nedweski said during a Monday hearing that she did not include exceptions for rape and incest because "a 14-week timeframe is a long enough timeframe to make a decision." She told reporters Thursday she received "a lot of feedback" after the hearing from people who disagreed.

A spokeswoman for Evers has said he won't sign the proposal, which needs his support to head to voters on the April election ballot when voters could be turning out in higher numbers due to the Republican presidential primary. Evers has said he does not support reducing access to abortion in Wisconsin, which is currently banned after 20 weeks of pregnancy.

He reiterated that position during his State of the State address on Tuesday, pledging to veto any legislation that would reduce access to abortions in Wisconsin.

"At the end of the day, this really does come down to safe and legal health care that is absolutely a necessary part of reproductive health care," Rep. Lisa Subeck, D-Madison, said during Thursday's debate on the legislation.

Rep. Joel Kitchens, R-Sturgeon Bay, argued that abortion is not health care.

"If you believe that a fetus is a human life, then abortion is not health care. In my veterinary career, I did thousands of ultrasounds on animals, determining pregnancy and that kind of thing. So I think I know mammalian fetal development better than probably anyone here," Kitchens said. "And in my mind there's absoltuely no question that's a life, and I think the science backs me up on that."

Rep. Deb Andraca, D-Whitefish Bay, countered that medical professionals rather than lawmakers should be the ones to decide at which point in a pregnancy abortion should no longer be allowed, particularly when there are medical complications.

"You could say this is a matter of local control. I don’t know how you get more local than a uterus," Andraca said. "But local control means allowing people to make their own decisions. You may not agree with it. You may not like the fact that all of us, male or female, vet or doctor, whatever you are or wherever you pray, should be able to make that decision for yourself. Don’t take that decision away. Don’t play God."

The proposal moved quickly through the Assembly, receiving a vote less than a week after its introduction.

Wisconsin Republicans have struggled to combat the political effects of the 2022 U.S Supreme Court ruling overturning Roe v. Wade, which effectively put back into place a law that had been interpreted for more than a century to ban all abortions except when the mother would die without one. Abortion has become a central issue in races in Wisconsin since.

"This bill doesn’t talk about the merits of abortion. It doesn’t talk about the morality of abortion," said bill co-author Rep. Donna Rozar, R-Marshfield. "This bill only puts the issue before the people, and I think it’s important to put our pulse on the people."

Rep. Angie Sapik, R-Lake Nebagamon, decried the political environment, arguing that most voters are likely not 100% at either end of the spectrum of the issue.

"There is no political place for the person in the middle, and that’s where I stand. I’m standing in the muddy middle of a heated issue that is a very big deal across this whole nation," Sapik said. "Put the referendum directly to the people without allegiance to their political party and let’s see how many people are actually standing in the mud with me.”

Several Republicans who voted for the bill were conflicted, noting that while they are completely opposed to abortion, many of their constituents believe it should be legal in some form. The last time the Marquette University Law School polled on the issue in June 2023, 66% of voters said abortion should be legal in all or most cases, while 31% said it should be illegal in all or most cases. A November 2022 poll found that 84% of voters support allowing abortion in cases of pregnancy resulting from rape or incest.

Some Republicans who voted against the bill argued it is not restrictive enough.

Speaking against the bill, Rep. Scott Allen, R-Waukesha, rejected the argument from a woman's perspective that "it's my body, it's my choice."

"It’s not your body," Allen said. "It’s a body within your body."

Currently, abortions are banned after 20 weeks of pregnancy after a ruling from a Dane County Circuit judge in a lawsuit challenging the state's abortion law. The decision is likely to be appealed to the state Supreme Court.

The 14-week proposal faces opposition from a coalition of anti-abortion groups including Wisconsin Right to Life, Wisconsin Family Action, Pro-Life Wisconsin and the Wisconsin Catholic Conference. It is also opposed by the Wisconsin section of the American College of Obstetricians and Gynecologists, Planned Parenthood Advocates of Wisconsin and the Wisconsin Coalition Against Sexual Assault.

Sending the issue to voters is "a political threat on all sides," Nedweski said, adding that "lobbies and organizations have been using unsettled abortion arguments as fundraising mechanisms for decades."

"If the people have a voice in settling this issue we might actually be able to focus on some other issues that affect our state. It would force us to talk about everything and not just a singular issue," she said.

It's unclear whether Republicans who control the state Senate will support the legislation. Currently, four Republican senators are listed as co-sponsors.

Senate Majority Leader Devin LeMahieu has not signed on as a co-sponsor to the bill. In December, he said he was not sure how the Legislature would tackle the issue, but suggested it wouldn't be come up until after a lawsuit challenging the state's abortion law had been resolved in the courts.

Jessie Opoien can be reached at [email protected].

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Assembly passes 14-week abortion ban referendum