updated 12:34 PM UTC, Oct 26, 2016

The Wisconsin Abortion Ban


( 4UMF NEWS )The Wisconsin Abortion Ban:

Wisconsin Gov. Scott Walker (R) said this week that he would sign a ban on abortions after 20 weeks of pregnancy that does not contain exceptions for rape and incest victims, if the bill reaches his desk. The measure also contains a less-discussed provision that would allow the father to sue the doctor for “emotional and psychological distress” if he disagrees with the abortion, regardless of his relationship with the woman having the procedure.

Wisconsin Assembly Bill 237 would ban abortions after 20 weeks “postfertilization,” which doctors would measure as 22 weeks of pregnancy since pregnancies are usually measured from the woman’s last menstrual period. If the bill becomes law, doctors who perform an abortion after this time could be charged with a felony and fined up to $10,000, or face up to three and a half years in prison.

In addition to those penalties, the bill would allow the father to sue the doctor for damages, “including damages for personal injury and emotional and psychological distress,” if the doctor performs or attempts to perform an abortion after the 20-week limit. The man does not need to be married to the woman or even in a relationship with her to sue her doctor, as long as the pregnancy is not a result of sexual assault or incest. The bill also says the woman can sue.

Walker and the co-authors of the bill, state Rep. Jesse Kremer (R) and Senate President Mary Lazich (R), did not respond to requests for comment. The Wisconsin House and Senate are expected to vote on the bill next week.

According to the Guttmacher Institute, a research organization that supports reproductive rights, 6 of the 11 states that currently ban abortion at 20 weeks postfertilization — Alabama, Arkansas, Idaho, Kansas, Nebraska and Oklahoma — have similar language tucked into their respective laws that allow the parents to sue a doctor who performs an abortion after that point. In Kansas, the provision applies to the father only if he is married to the woman who had the abortion.

So far, the 20-week ban is not standing up well in court. The 9th U.S. Circuit Court of Appeals struck down Idaho’s law last week, ruling it “unconstitutional because it categorically bans some abortions before viability.” The Supreme Court decided in Roe v. Wade in 1973 that states cannot ban abortions before the fetus would be viable outside the womb, which is estimated to occur between 22 and 24 weeks of pregnancy.


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