PPWI Asks Wisconsin Supreme Court to Protect Abortion Rights

Planned Parenthood of Wisconsin (PPWI) is asking the Wisconsin Supreme Court to interpret Wisconsin's constitution as it relates to making decisions about whether and when to have a child, including the right to choose to have an abortion.

“We are asking the Wisconsin Supreme Court to answer the question: does the Wisconsin Constitution protect the right to right to bodily integrity, autonomy, and self-determination—including the decision of whether and when to have a child. Answering this question necessarily includes asking the Court if the Wisconsin Constitution protects access to abortion care and a healthcare provider’s right to provide this care,” said PPWI Chief Strategy Officer Michelle Velasquez. “We think it does.”

Despite all the progress that has been made to resume abortion care since the overturning of Roe, the protections afforded under Wisconsin’s constitution remain unknown.

“PPWI believes that our petition complements the Kaul v. Urmanski case, which was initiated by the Department of Justice in 2022. We are incredibly grateful for Attorney General Kaul’s leadership on that important case, which restored access to abortion care in Wisconsin last September, and we hope to continue building on that important progress,” said Velasquez.

Recognizing a state constitutional protection for abortion, rooted in bodily autonomy, will provide lawmakers with a constitutional framework, and ensure this fundamental right is protected. Just as important, Wisconsinites deserve the ability to make decisions about if or when they become a parent, a decision that shapes their future. And they deserve to know that this right is protected by our state constitution.

“PPWI’s work is grounded in the shared value that each of us deserves the ability to make deeply personal decisions about what is best for us, with support and guidance from the people we trust— whether it is our family, close friends, or our doctor. This includes personal decisions about our health, including abortion. Our decision to file this litigation reflects these values," said PPWI President and CEO Tanya Atkinson.

At the core of PPWI’s petition is Article 1, Section 1 of the Declaration of Rights in the Wisconsin State Constitution.

Article 1, Section 1 reads: “All people are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness;”

In these inherent rights are bodily autonomy and integrity, and the right to self-determination. Other states, countries, and the United Nations recognize these rights. We know that these rights cannot be realized if people do not have access to control over their own bodies –including access to contraception and abortion.

“Protecting the right to abortion care in Wisconsin is vital to the ability of doctors like me to care for our patients,” said PPWI Chief Medical Officer Dr. Allison Linton. “Every day that goes by without a constitutional protection for abortion access means an uncertain future for the next patient experiencing pregnancy complications or the college student whose birth control fails.”

Wisconsin lags behind other states in asking and answering this question. Wisconsin residents and the Wisconsin State Legislature need the guard rails provided by a State Supreme Court ruling.

“The time is now to take meaningful action to protect abortion access in Wisconsin. We believe we will prevail because our state constitution compels such a result,” said Velasquez.

Click here from a pdf of the filed petition.

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Planned Parenthood of Wisconsin is a nonprofit health care provider serving nearly 50,000 patients annually at 22 health centers. Planned Parenthood provides the full range of comprehensive reproductive health care including breast and cervical cancer screenings, gender affirming hormone therapy, STI testing and treatment, vasectomy services, birth control and abortion care.