Wisconsin Gov. Tony Evers’ state budget proposal is under fire from Republicans nationwide over a provision that would change language in some areas of state law related to same-sex couples and the process of having a baby through in vitro fertilization by replacing words like “mother” and “father.”
Evers proposes to swap out “husband” and “wife” for “spouse.” In areas of state law related to legal rights to children that couples choose to have through in vitro fertilization, sperm donors or surrogates, Evers proposes replacing “woman,” “mother” and “wife” with versions of “person who is inseminated,” or “inseminated person.”
Here’s what to know:
The changes have been included in three budget proposals
The Democratic governor has included the changes in two previous budget proposals. They were removed by Republicans who control the state Legislature and budget-writing process in 2021 and 2023 without public discussion.
This year, however, state lawmakers and Republicans nationwide have leveled sharp criticism at Evers over the proposal, specifically for swapping out “mother” for “inseminated person.”
Rep. Amanda Nedweski, R-Pleasant Prairie, was the first to point out the changes, calling the proposal insulting to mothers.
“It is not only deeply offensive, but it is an outright attack on the very essence of motherhood,” Nedweski said in a statement released Friday. “It is unconscionable that the Governor has the audacity to take the most beautiful, life-giving act a woman can perform — bringing children into this world — and turn it into nothing more than gender-neutral, virtue-signaling jargon to appease his far-left base.”
“Governor Evers is a former science teacher,” Nedweski said. “It appears to me that he needs a refresher on basic biology. Last I checked, only one gender is capable of giving birth — women. Anyone who says otherwise is denying science.”
Republicans nationwide have blasted the proposals
Since Nedweski’s comments on Friday, the proposals have received criticism from Republicans across the country.
“Hi Mom, I mean ‘inseminated person’. This is crazy!!” Elon Musk, owner of Tesla, X and SpaceX and a leader of the Department of Government Efficiency under President Donald Trump, said in a post Tuesday that was reposted about 42,000 times.
“Imagine opening a card on Mother’s Day with the message, “Happy Inseminated Person’s Day,” Republican U.S. Rep. Nancy Mace of South Carolina posted Wednesday on X.
“As a woman currently going through IVF I can think of countless ways I’d rather be referred to than ‘inseminated person,'” Alyssa Farah Griffin, co-host of “The View,” posted Monday.
On Tuesday, Assembly Speaker Robin Vos blasted the provisions and dismissed the idea that statutes needed to change to address situations involving fertility treatments for same-sex couples, signaling they would again be removed from the spending plan.
“It’s really one of those times where you have an answer to a problem that nobody agrees exists,” Vos said. “It’s really made Wisconsin a national embarrassment.”
Evers says the changes would provide legal clarity for same-sex couples starting families
Evers defended the provisions in an appearance Monday in Wausau, saying they are meant to provide legal clarity for same-sex couples in the process of creating or growing families through IVF.
“What we want is legal certainty that moms are able to get the care they need,” Evers said, according to WSAW. “That’s it. End of story.”
A spokeswoman for Evers said Republicans are lying about what the changes do.
“These are more lies, disinformation, and conspiracy theories from Republicans, Elon Musk, and right-wing extremists who are trying to politicize providing legal parental rights and certainty under the law for parents using IVF,” Evers spokeswoman Britt Cudaback said in a statement.
“Republicans are lying about the governor and budget language that’s identical to a Republican-backed bill, has nothing to do with what parents call themselves or what kids call their parents, does not eliminate ‘mother’ and ‘father’ from state law, and is about ensuring full legal rights for parents under the law. Full stop.”
The changes seek to account for court rulings legalizing same-sex marriage, requiring birth certificates to accommodate same-sex couples
According to an analysis by the nonpartisan Legislative Reference Bureau, the proposal “recognizes same-sex marriage by making references in the statutes to spouses gender-neutral, with the intent of harmonizing the Wisconsin Statutes with the holding of the U.S. Supreme Court in Obergefell v. Hodges … which recognizes that same-sex couples have a fundamental constitutional right to marriage.””The bill makes applicable to married persons of the same sex allprovisions under current law that apply to married persons of different sexes,” the analysis said. “… the bill specifies ways in which married couples of the same sex may be the legal parents of a child and, with some exceptions, makes current references in the statutes to ‘mother’ and ‘father,’ and related terms, gender-neutral.”
The proposed changes would help codify a 2016 federal court ruling requiring the state to put the names of same-sex parents on the birth certificates of their children, according to Madison-based attorney Theresa Roetter, who specializes in legal issues related to creating families.
The case involved a same-sex couple, Chelsea and Jessamy Torres, who were married in New York in 2012. Same-sex marriage became legal in Wisconsin in 2014. In March 2015, Chelsea gave birth in Madison to the couple’s son.
They filled out paperwork at the hospital in Madison but claimed the state health agency would not supply an accurate certificate with both Chelsea and Jessamy listed as the parents.
Their federal lawsuit pointed out that DHS issued birth certificates to children of opposite-sex couples without regard to how the child was conceived or whether both spouses were the biological parents because Wisconsin law presumes the spouse of a woman who gives birth is the father.
The changes were first proposed in 2019 and backed by a bipartisan group of lawmakers
According to drafting files related to the 2021-23 state budget bill, Evers officials included in that spending plan language from a 2019 bill that ultimately did not go anywhere.
It was supported by a group of Democratic lawmakers, including Senate and Assembly minority leaders Dianne Hesselbein of Middleton and Greta Neubauer of Racine, and two Republicans: Reps. Joel Kitchens of Sturgeon Bay and Todd Novak of Dodgeville.
The bill did not receive a public hearing or floor vote.
Affected state statute created in 1979
Roetter said the state statute under scrutiny was first created in 1979 to accommodate sperm donation.
“It needs to be updated for all families who need to use assisted reproduction to become parents,” Roetter said, including for same-sex couples, heterosexual couples, couples using an egg donor or donated embryos, or for a person who wants to become a single mother or single father using donated eggs, embryos or sperm.
“I know that some people feel like this is an ideological, right-left sort of issue, but I will tell you my clients are all across the board politically,” Roetter said.
Roetter said she would not have used “inseminated person” to make the changes she said are needed because it only accounts for sperm donation and suggested “intended parent” as a substitute.
“(The statute) only talks about somebody who’s receiving donated sperm, not (donated eggs) or embryos. So, updates are definitely needed. I just wouldn’t have used the word ‘inseminated person.'”
This article originally appeared on Milwaukee Journal Sentinel: What to know about ‘inseminated person’ language in Tony Evers’ budget
