MADISON Wis. (WSAU) -
So, what happens in Wisconsin if Rowe vs. Wade is ever overturned? If you think that instantly makes abortion illegal, you could be wrong. That’s why a state legislator has authored a state constitutional amendment to remove what he calls a loophole in Wisconsin’s abortion laws.
Representative Andre Jacque has authored the Personhood Amendment, and he says this amendment would take away conflicting issues between the constitution and the existing but unenforceable laws banning abortion in Wisconsin. “We already have in statute, section 940.04, a ban on abortion which would go back into effect when Roe V Wade would be overturned. This simply eliminates a loophole that exists in the state constitution through the qualifier that you be born in order to access inalienable rights to the pursuit of life, liberty, and the pursuit of happiness.”
Jacque says the majority of people in Wisconsin made it clear a long time ago they were not in favor of abortion. He says this simple amendment would eliminate the ability for Supreme Court justices to misinterpret the meaning of Wisconsin’s laws against abortion. “It is something that legal experts kind of agree is a serious flaw for the possible use of liberal, activist judges on the State Supreme Court at some point in the future after Roe V Wade would be overturned.”
The amendment would grant human embryos the same civil rights as people and effectively ban abortion under the state constitution. Jacque says the state statutes, like the one granting an exception to the ban for the life of the mother would stand.
Not all pro-life groups are on board with the personhood amendment. Jacque has circulated the amendment for co-sponsors. He says many legislators agree with him and understand the reasoning for the amendment, even though only eight have signed the co-sponsorship.
The amendment reads as follows: “All people are equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. As applied to the right to life, the terms “people” and “person” shall apply to every human being at any stage of development.”