The Real Reason Republicans Want to Give Tax Breaks for Embryos
Republicans in the Wisconsin Legislature introduced a package of bills this week to “clarify” the state’s abortion ban, 174 years after it became law. The 1849 ban, which criminalizes abortion in every circumstance, except to save the pregnant person’s life, went back into effect last June after 50 years of obsolescence.
It’s a deeply unpopular law: By margins of 2 to 1, voters said it should be repealed in every single county where the question was on the ballot this April. (In a statewide judicial election held the same day, the pro-choice candidate — who, it is widely assumed, will vote to strike the ban down when it is challenged at the state Supreme Court next term — won by 11 points.)
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But Republicans in Wisconsin can’t seem to grasp this obvious truth. Rather than repeal the 1849 ban, as Democrats have proposed, a group of GOP lawmakers — led by 32-year old Sen. Romaine Quinn — touted a total of four bills they hope will make the pre-Civil War law more palatable to modern Wisconsinites. Included in the package is an offer that has become trendy among antiabortion ideologues: tax breaks for embryos.
LRB-2486 would allow parents to claim an exemption on their tax returns for “unborn children for whom a fetal heartbeat has been detected.” Co-sponsor Rep. Donna Rozar made the proposal’s intent crystal clear: The bill, she said, “recognizes an unborn child as a distinct human being prior to birth by allowing the child to be claimed as a dependent.” The point isn’t to support Wisconsin families — the point is to change the definition of when life begins as part of an effort to enshrine in Wisconsin law the dangerous and dehumanizing concept of “fetal personhood.”
It’s all part of an effort to extend Constitutional rights to fertilized eggs — a legal theory that simultaneously revokes the rights of the individuals carrying those pregnancies.
Wisconsin Republicans aren’t the first to try this: Georgia’s Department of Revenue announced in August “any unborn child with a detectable human heartbeat” could be claimed as a dependent on state tax returns. The representative behind Georgia’s LIFE Act, which created the tax break, later admitted in a leaked video that the credit was all part of a gambit to get the Supreme Court to recognize fetal personhood: “We’re going to take this to the highest court in the land.”
The consequences of a ruling recognizing fetal personhood are difficult to overstate: The moment that an embryo is recognized as a person with rights, virtually any behavior that poses any kind of risk to a pregnancy can be criminalized or litigated. In one infamous case, an Alabama woman was charged with manslaughter for losing her pregnancy after she was shot in the stomach by another person. (That case was dismissed after a public outcry.) In another instance, a court allowed a woman who was hit by a car while seven months pregnant to be sued by her future child for negligence because she failed to use “a designated crosswalk.”
Wisconsin Republicans apparently think bodily autonomy comes pretty cheap: The credit they’re offering is $1,000. That’s one-third of the tax break you can get in Georgia, in case you’re comparison shopping dystopian hellscapes.
Also included in the package of bills is $1 million in funding for crisis pregnancy centers, $5 million in funding to support state adoption programs, and language to clarify that the 1849 ban does not apply to “a medical procedure or treatment designed or intended to prevent the death of a pregnant woman.” Dr. Kristin Lyerly, an OB-GYN who stopped practicing in Wisconsin when the ban went into effect and a plaintiff in the lawsuit challenging the law, says the new language would do little to alleviate the burden on healthcare providers.
“Imagine if you had chest pain, and you went to the emergency department, and your doctors said, ‘Yes, I know exactly what to do to take care of you, but the Wisconsin Legislature has enacted some laws that could potentially put me in jail for doing the things that I know to be medically correct; let me call a lawyer before I take care of you,’” Lyerly says. “Now replace ‘chest pain’ with ‘vaginal bleeding.’ It is exactly the same thing. Our Legislature is preventing doctors from taking care of Wisconsinites, from providing evidence-based, appropriate, standard-of-care medicine, and threatening to throw us in jail.”
It remains unclear if the new proposal has sufficient support to advance through both houses of the Wisconsin Legislature. A previous proposal, floated in March, that would have added exceptions for rape and incest to the 1849 law failed to advance to a vote on the Senate floor. (“Discussion on this specific proposal is unnecessary,” Republican Majority Leader Devin LeMahieu said at the time.) But there is reason to believe this proposal might be viewed differently: The most prominent anti abortion groups in the state — Wisconsin Family Action, Pro-Life Wisconsin, Wisconsin Right to Life, and the Catholic Conference — all of whom opposed the rape and incest exceptions, have announced support for the package.
If Republicans in Wisconsin truly wanted to support mothers, there is an existing proposal they could throw their weight behind: a bill that would expand Medicaid coverage for new mothers for up to one year. Today, Wisconsin is one of only a handful of states that kicks new moms off public health care coverage just 60 days after giving birth. Democratic Gov. Tony Evers has repeatedly pushed for a 12-month extension — a proposal that was rejected by Republicans in the Legislature twice before. But expansion is particularly critical in Wisconsin now that the 1849 law is back in effect: Multiple studies have shown that the rate of maternal mortality spikes in states with abortion bans.
“More moms die in the postpartum period than when they’re pregnant or during the time of delivery. The postpartum period is a really important time for moms to be able to get medical care,” Lyerly says. Republican lawmakers, Lyerly says, “are not making logical decisions. All of the decisions that they are making are so political and so divisive — and not in the best interests of Wisconsinites and Wisconsin families.”
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