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Experts criticize Republican bill to exclude life-saving procedures from ‘abortion’ definition

Protesters hold signs opposing the Supreme Courts draft ruling on Roe vs. Wade on May 14, 2022, at the Wisconsin State Capitol in Madison, Wis. (Angela Major / WPR)

This article originally appeared in Wisconsin Watch.

A new Republican bill that would exempt certain life-saving medical procedures from falling under the definition of “abortion” is drawing criticism from medical professionals despite being described by its authors as an attempt to protect reproductive health care.

Under the bill, introduced on Friday, medical procedures “designed or intended to prevent the death of a pregnant woman and not designed or intended to kill the unborn child” would not fall under Wisconsin’s abortion definition. They would also not be subject to state laws prohibiting funding for “abortion-related activities” and Wisconsin’s ban on abortion past 20 weeks.

The bill, authored by Rep. Joy Goeben, R-Hobart, and Sen. Romaine Quinn, R-Birchwood, specifically exempts early inductions or cesarean sections performed in cases of ectopic, anembryonic or molar pregnancies from being considered abortion so long as the physician conducting them makes “reasonable medical efforts” to save both parent and unborn child from harm.

Moreover, the bill would change the definition of “unborn child” in Wisconsin statute from “a human being from the time of conception until it is born alive” to “a human being from the time of fertilization until birth.”

OBGYN Carley Zeal, a representative for the Wisconsin Medical Society and fellow at Physicians for Reproductive Health, said “unborn child” is not a medically recognized term because doctors don’t confer personhood to a fertilized egg or fetus. Legal expert Howard Schweber told Wisconsin Watch he doesn’t expect changing the definition of “unborn child” to begin at fertilization will have a meaningful impact.

Abortion as a political issue hits deep in the heart of Wisconsin, where Marquette Law School polls since 2020 show 64% of all voters believe abortion should be legal in all or most cases. Democrats have campaigned in support of eliminating restrictions on abortion, while Republicans, who in 2015 passed the state’s current ban after 20 weeks of pregnancy, have sought to increase restrictions on, penalize or ban abortion completely.

The bill follows multiple successive changes to Wisconsin’s abortion law since 2022, when the U.S. Supreme Court struck down the landmark Roe v. Wade ruling and returned the issue of abortion to individual states — leaving Wisconsin scrambling to put together a consistent abortion policy.

The new GOP bill also seems to nod toward several high-profile national incidents of patients dying from being denied reproductive care in states with restrictive abortion bans, even when the bans include exceptions for abortion care if a patient’s life is in danger.

One  National Institutes of Health study found that after Texas’s abortion ban was passed, maternal morbidity during the gestational period doubled from the time before the law despite it having a medical emergency clause.

Goeben and Quinn stated in a memorandum that their bill seeks to “counter misinformation spread by bad actors” about doctors not performing needed medical care for fear of being criminalized under abortion statutes. Goeben told Wisconsin Watch she consulted with physicians about the bill and believes it will reassure them of their ability to provide this care.

“A doctor may at all times, no matter where the state is at on the abortion issue, feel very confident in providing the health care that women need in these very challenging situations that women face,” Goeben said.

Medical and legal experts weigh in

Both Zeal and Sheboygan OBGYN Leslie Abitz, a member of both the state medical society, the Committee to Protect Healthcare and the American College of Obstetricians and Gynecologists, said they oppose the bill.

They argue it is an attempt by the Wisconsin Legislature to use “emotionally charged, ideologically driven, non-medical terms” to “interfere with the patient-physician relationship” in medical care.

“The stated goal of the bill — to distinguish between medical procedures from abortion — is misleading because it suggests that abortion care is not an essential part of comprehensive health care,” Abitz said.

“A woman is putting her health and her life at risk every time she chooses to carry a pregnancy, and so she shouldn’t be mandated to put her life at risk.”

Schweber views the bill differently. While a clause in Wisconsin’s 20-week abortion ban statutes already exempts abortions performed for the “life or health of the mother,” he believes Goeben and Quinn’s bill could make hospitals and insurance companies more comfortable with authorizing lifesaving reproductive health care procedures.

“Insurance companies and hospitals or doctors, in order to err on the side of safety, will tell the doctors not to perform a procedure that is medically needed and, in fact, properly legal,” Schweber said. “(This) law is trying to prevent a chilling effect on legal medical procedures.”

Though the bill is not yet formally introduced, the Society of Family Planning, an international nonprofit composed of physicians, nurses and public health practitioners specializing in abortion and contraception science, opposes it.

“The narrative that exceptions to an abortion ban — or redefining what abortion care is — can mitigate the harm of restrictive policies is based in ideology, not evidence,” Executive Director Amanda Dennis said in a statement.

The American College of Obstetrics and Gynecology has not yet taken a position on the bill, but told Wisconsin Watch that state medical emergency clauses “do not offer adequate protection for the myriad (of) pregnancy complications people experience, resulting in substantial harm to patients” in the case of an abortion ban.

Political reaction to the bill

Prominent Democratic lawmakers, such as gubernatorial candidate Sen. Kelda Roys, D-Madison, have criticized the proposed bill as part of a series of moves by anti-abortion politicians to distance themselves from the “deadly” consequences of abortion bans.

“The way that you protect people from legal jeopardy is by not criminalizing health care,” Roys said. “Goeben’s bill just shows how deadly and dangerous criminalizing abortion bans are. It’s an acknowledgement of the truth, which is that abortion bans kill women.”

Goeben said she is surprised by the opposition because her bill on its own does not introduce any additional penalties to abortion.

“These are the issues that the other side of the aisle has talked about, saying, ‘oh, the poor women that can’t get health care!’” Goeben said. “So I thought honestly that this would be supported by everybody, if we are really concerned about the health care of women.”

She said she would also be open to discussing amendments to the bill, which would include exemptions for abortions performed because of other medical complications such as preeclampsia or maternal sepsis.

Anti-abortion organizations Wisconsin Right to Life, Pro-Life Wisconsin, Wisconsin Catholic Conference and Wisconsin Family Action have endorsed the proposal.

A similar bill by Quinn prior to the Wisconsin Supreme Court invalidating Wisconsin’s 1849 abortion ban in July died in the Senate last year. Even if the new bill is to pass through the Legislature, Gov. Tony Evers plans to veto it, spokesperson Britt Cudaback told the Milwaukee Journal Sentinel.

Looming gubernatorial, attorney general and legislative races in 2026 could decide the future of abortion laws and enforcement in the state. New legislative maps and a national midterm environment that historically has favored the party out of power in the White House gives Democrats their best chance to win control of the Legislature since 2010.

Republican U.S. Rep. Tom Tiffany, the GOP frontrunner for governor, previously supported a bill planning to ban abortion after six weeks, though he has rolled back that position in recent media appearances and deleted all mention of abortion from his website.

Schweber said Wisconsin’s newly liberal majority Supreme Court will decide the future of abortion in the state. The justices must answer the cases being brought to them on whether the  state constitution guarantees a right to an abortion.

“Just because the U.S. Constitution does not secure a right to abortion does not mean that Wisconsin or Ohio or Texas constitutionally doesn’t have that right,” he said. “Each state supreme court now has to decide this profound question.”

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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