The term 'consensual abortion' is central to Planned Parenthood's decision. But what does it mean?

In announcing Thursday that it'll resume providing abortions starting Monday, Planned Parenthood of Wisconsin cited a judge's ruling that state law doesn't ban "consensual abortions."

In July, Dane County Circuit Judge Diane Schlipper denied a motion to dismiss a lawsuit filed by Attorney General Josh Kaul to invalidate the 1849 abortion law, saying, "There is no such thing as an '1849 Abortion Ban' in Wisconsin. A physician who performs a consensual medical abortion commits a crime only 'after the fetus or unborn child reaches viability …'" Schlipper added that the law doesn't prohibit consensual medical abortions.

But what exactly is a "consensual abortion"? We'll explain:

What is considered a consensual abortion under Wisconsin law?

A consensual abortion is sought out by the pregnant person. They voluntarily determine to end the pregnancy. That's what people were accessing before the Dobbs decision in June 2022 that overturned Roe v. Wade.

Why is Planned Parenthood confident the 1849 law doesn't apply to consensual abortions? 

Planned Parenthood said it recognizes that Schlipper's decision isn't the final decision in this case. But it said Schlipper was extraordinarily clear that the 1849 law didn't ban consensual abortions. It prohibited feticides. She based her ruling on a Wisconsin Supreme Court ruling from 1994 that came to the same legal conclusion.

What is feticide?

In the 1994 Wisconsin Supreme Court case, feticide was ruled a nonconsensual act in which somebody batters a woman to the point she loses the pregnancy. That's different from an abortion, which is a consensual, medical procedure.