State Statute 940.04 Repealed - Good or Bad?

Yesterday, the liberal majority (4-3) Wisconsin Supreme Court ruled in Kaul v. Urmanski that State Statute (§) 940.04, an anti-abortion law from 1849, has been repealed.

Across our state, pro-life advocates mourn this decision as a loss. But we, as abolitionists, must approach this with biblical clarity and conviction. What did this law entail, and how should we view these recent events?

From its inception, Statute §940.04 was flawed and unjust. According to this statute, a mother who murdered her unborn child was guilty only of a Class H felony, the second-lowest felony charge (ranging A-I). To put that in perspective, possession of marijuana with intent to sell is classified as a Class G felony.

Following the pattern of other pro-life laws, it assigns a harsher penalty, a Class E felony, to anyone other than the mother involved in performing the abortion, on par with burglary and aggravated battery.

We must not grieve the loss of such inadequate legislation. An argument can certainly be made as to whether or not this change is worse for the unborn in Wisconsin. But our duty is not to advocate for or mourn slightly less-evil laws, but to always call for God's standard in and point out when our laws do not meet that standard.

Yet, there is righteous anger in recognizing the motives behind this decision. The Wisconsin Supreme Court's repeal was not motivated by righteousness or justice, but by rebellion against God's law and a desire to expand the sin of abortion in our state. Let us never grow indifferent or complacent to such wickedness, but rather plead with God for the repentance of our justices, that they would turn from this evil and uphold His righteous decrees.

"Let your eyes look directly forward, and your gaze be straight before you. Ponder the path of your feet; then all your ways will be sure. Do not swerve to the right or to the left; turn your foot away from evil." – Proverbs 4:25-27