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Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

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.

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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Does Wisconsin have the oldest abortion ban in the nation?

by Erin Gretzinger / Wisconsin Watch, Wisconsin Watch
November 8, 2022

<h1>Does Wisconsin have the oldest abortion ban in the nation?</h1>
<p class="byline">by Erin Gretzinger / Wisconsin Watch, Wisconsin Watch <br />November 8, 2022</p>
<br />
<h2>Yes.</h2>
<p>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.</p>
<p>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.&nbsp;</p>
<p>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.</p>
<p>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. &nbsp;</p>
<p><strong>Sources</strong></p>
<p>Wisconsin Watch: <a href="https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:709a5bd9-636e-3d6c-ab1e-d31c5621cbdd" target="_blank" rel="noreferrer noopener">Guttmacher Institute Statement to Wisconsin Watch</a></p>
<p>Wisconsin Public Radio: <a href="https://www.wpr.org/172-year-old-abortion-law-could-go-back-effect-wisconsin" target="_blank" rel="noreferrer noopener">A 172-year-old abortion law could go back into effect in Wisconsin</a></p>
<p>Wisconsin Department of Justice: <a href="https://www.doj.state.wi.us/news-releases/gov-evers-ag-kaul-announce-direct-legal-challenge-wisconsin%E2%80%99s-1800s-era-criminal" target="_blank" rel="noreferrer noopener">Gov. Evers, AG Kaul Announce Direct Legal Challenge to Wisconsin’s 1800s-era Criminal Abortion Ban</a></p>
<p>Wisconsin Watch: <a href="https://wisconsinwatch.org/2022/08/wisconsins-173-year-old-ban-allows-only-life-saving-therapeutic-abortions-no-one-knows-what-that-means/" target="_blank" rel="noreferrer noopener">Wisconsin’s 173-year-old ban allows only life-saving ‘therapeutic abortions.’ No one knows what that means.</a></p>
<p>USA Today: <a href="https://www.usatoday.com/story/news/nation/2022/10/01/abortion-laws-1800-s-became-legal-issue-after-supreme-court-ruling/10454537002/" target="_blank" rel="noreferrer noopener">After Roe v. Wade, abortion bans from the 1800s became legal matters in these states</a></p>
<p>This &lt;a target=&quot;_blank&quot; href=&quot;https://wisconsinwatch.org/2022/11/does-wisconsin-have-the-oldest-abortion-ban-in-the-nation/&quot;&gt;article&lt;/a&gt; first appeared on &lt;a target=&quot;_blank&quot; href=&quot;https://wisconsinwatch.org&quot;&gt;Wisconsin Watch&lt;/a&gt; and is republished here under a &lt;a target=&quot;_blank&quot; href=&quot;https://creativecommons.org/licenses/by-nd/4.0/&quot;&gt;Creative Commons Attribution-NoDerivatives 4.0 International License&lt;/a&gt;.&lt;img src=&quot;https://i0.wp.com/wisconsinwatch.org/wp-content/uploads/2021/02/cropped-WCIJ_IconOnly_FullColor_RGB-1.png?fit=150%2C150&amp;amp;quality=100&amp;amp;ssl=1&quot; style=&quot;width:1em;height:1em;margin-left:10px;&quot;&gt;</p>
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Does Wisconsin have the oldest abortion ban in the nation?

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