Assembly passes 14-week abortion referendum, Evers promises veto

On a bill that saw 11 Republicans break ranks, the Wisconsin state Assembly has passed hotly contested legislation that would send to voters a binding referendum on a 14-week abortion ban.

The measure, approved late last month, moves to the Senate, but, even if it passes there, Gov. Tony Evers has promised to veto it.

The vote on the referendum was 53-46, with 11 Republicans joining all Democrats in opposition.

Prior to the final vote, Republican Rep. Chuck Wichgers offered multiple amendments to the bill but all were rejected. 

The Assembly did amend the bill to add exceptions for rape and incest.

Republicans said they were attempting to send the hot-button issue to the people to decide, while at the same time short-circuiting activist liberal courts. State Rep. Nik Rettinger (R-Mukwonago) said the courts would continue to play politics with the issue without a referendum.

“I received a lot of input on this issue, and I recognize the strong and passionate beliefs that exist on all sides,” Rettinger said. “I find the practice of abortion morally abhorrent. With this in mind, it’s important to recognize that a Dane County judge ruled that Wisconsin’s 174-year-old ban on abortion is no longer in effect. The only major protection now on the books for the pre-born is the 2015 ‘Pain-Capable Unborn Child Protection Act,’ passed by Republicans and signed into law by Gov. Walker, which established a 20-week abortion ban.”

Rettinger observed that Planned Parenthood has resumed abortions at its Milwaukee, Madison and Sheboygan clinics. 

“Under [this bill], a referendum would be required before giving effect to the protections created,” he said. “The ballot question, to be placed on the April 2024 election, would have electors vote on whether the following statutory provision question would take effect: “thus prohibiting under Wisconsin Statutes an abortion if the probable post-fertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency?”

Rettinger said without action, activist courts, especially the new liberal majority on the state Supreme Court, would continue what he called a politically driven march to dismantle pro-life laws. 

“For this reason, I cannot let an opportunity to save more unborn children pass by,” he said. “It has been difficult to put in place additional pro-life reforms with the constant threat of Gov. Evers’ s veto pen. By putting this decision to protect life after the first trimester into the hands of the people, it gives the governor and the Supreme Court the opportunity to ultimately let the voters decide on taking a step forward in implementing stronger protections for Wisconsin’s pre-born children.”

The bill drew fire not only from pro-choice Democrats but from pro-life Republicans who said the bill was not restrictive enough.

The following Republicans joined Democrats in opposition: Wichgers; Rep. Scott Allen; Rep. Ty Bodden; Rep. Elijah Behnke; Rep. Janel Brandtjen; Rep. Joy Goeben; Rep. Rick Gundrum; Rep. Gae Magnafici; Rep. Dave Maxey; Rep. Jerry O’Connor; and Rep. Michael Schraa.

Democrats: No government restrictions

In their opposition, Democrats appeared to move beyond the current ban after 20 weeks to support no restrictions on abortion. Rep. Jenna Jacobson (D-Oregon) phrased it as “the full ability of women” to exercise reproductive freedom.

“This bill is a statement to the women of Wisconsin that legislative Republicans don’t trust us,” Jacobson said. “Since Roe v Wade was overturned, Republicans have had the opportunity to stand by women, to trust women, and to show Wisconsin women they are worthy of trust. Republicans squandered the opportunity to enshrine into law that no one could ever again try to take away Wisconsin women’s freedom.”

Jacobson said she and her Democratic colleagues trust women. 

“Wisconsin women know our rights, we know our value, and we accept nothing less than the full ability to exercise our freedom,” she said. “Legislative Republicans see this as a compromise; that they are giving us bread crumbs. But, bread crumbs will not sustain Wisconsin families or satisfy the women of Wisconsin.”

Rep. Lisa Subeck (D-Madison) said the bill was rushed — introduced late on a Friday and sent to the floor in less than a week — and faced significant opposition in a last-minute committee hearing. Subeck also emphasized that government should pose no restrictions on abortion. 

“Determining if and when to have an abortion is a deeply personal decision that should be made by patients and their doctors without interference from politicians,” Subeck said. “Abortion is health care, and the abortion ban passed would leave patients facing unintended or untenable pregnancies with nowhere to turn.”

Subeck pointed out that, for more than a year after the Supreme Court struck down Roe vs. Wade, Wisconsinites were left without access to abortion services without having to travel out of state. 

“Now that a state court ruling has restored our reproductive freedom, at least for now, Republicans have introduced and are rushing to pass this new abortion ban,” she said. “Republicans have moved from the question of whether to limit your reproductive freedom to the question of when to limit it. To be clear: There is never a right time to lose your freedom to make your own reproductive health care decisions.”

In an X post on the issue, Evers too said the government should pose no restrictions: “Wisconsinites should have the freedom to make their own decisions about their reproductive healthcare. And Republican legislators should have nothing to do with it.”

Evers had previously indicated he would support a referendum on abortion when, prior to the 2022 midterms, Sen. Ron Johnson (R-Wisconsin) proposed that one be held.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.