TO: Members, Wisconsin State Legislature

FROM: Matt Sande, Director of Legislative Affairs
Mary Matuska, Deputy Director of Legislative Affairs

SUBECT: Opposition to “Emergency Contraception” Hospital Mandate: LRB-1971/3 and LRB-2377/1
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Pro-Life Wisconsin strongly urges you NOT to sign on as a co-sponsor to the so-called “emergency contraception” companion legislation currently being circulated by Representative Pocan and Senator Robson: LRB-1971/3 and LRB-2377/1. The legislation is a mandate on hospitals requiring them to inform an alleged victim of sexual assault about “emergency contraception” and to provide it upon her request.

Our opposition to this legislation is based on the abortion causing action of so-called emergency contraception. Also known as the morning-after pill, emergency contraception is basically two high doses of the birth control pill taken within 72 hours of sexual intercourse. It can work in three ways: to suppress ovulation, to inhibit the mobility of sperm, and, if fertilization occurs, to irritate the lining of the uterus so that a newly conceived child (human embryo) is unable to implant in the womb, thus starving and dying. This last action is chemical abortion.

The most commonly used emergency contraceptive pill package is Plan B. The website for this drug regimen clearly indicates that it can work to prevent a fertilized egg from implanting in the uterine wall:

Source: www.go2planb.com under “About Plan B” then go to:
“How does Plan B work (mechanism of action)?
Plan B is believed to act as an emergency contraceptive principally by preventing ovulation or fertilization (by altering tubal transport of sperm and/or ova). In addition, it may inhibit implantation by altering the endometrium (emphasis added). Plan B is not effective if a woman is pregnant. Plan B is a contraceptive and cannot terminate an established pregnancy.”

As indicated above, the makers of Plan B contend that emergency contraception does not cause an abortion. They argue that emergency contraception “prevents pregnancy” or “cannot terminate an established pregnancy.” However, they intentionally define the term “pregnancy” as implantation of a fertilized egg in the lining of a woman's uterus, as opposed to “pregnancy” beginning at fertilization. Whether one understands pregnancy as beginning at “implantation” or “fertilization,” the heart of the matter is when human life begins. Embryological science has clearly determined that human life begins at fertilization – the fusion of an egg and sperm immediately resulting in a new, genetically distinct human being. This is not a subjective opinion, but an irrefutable, objective scientific fact. Accordingly, any artificial action that works to destroy a fertilized egg (human embryo) is abortifacient in nature.

Pro-Life Wisconsin sympathizes with victims of sexual assault, and we would support treatments that truly prevent conception. It is exceedingly difficult, however, to determine whether or not fertilization has occurred at the time EC is directed to be taken. A standard pregnancy test cannot accurately make such a determination. The situation can be likened to a hunter who sees something moving in the bushes and holds his fire until he is sure that it is not a person. We must act with the same restraint in protecting newly conceived human life.

Furthermore, Wisconsin law protects the right of hospitals to refuse to participate in morally objectionable practices such as abortion and sterilization. The proposed legislation appears to be in conflict with Wisconsin Statutes 253.09(1) because of the abortion causing effect of so-called emergency contraceptive drugs, as well as with our state constitution which expressly protects the rights of conscience.

Despite the horrific circumstance of conception, a child conceived in rape is a human being and deserves legal protection. The personhood of a child is not contingent upon the circumstances surrounding his or her conception. We need to offer compassion to all the innocent parties in a sexual assault.

Thank you for your consideration.