Michigan's Abortion Ban: What's Next For Reproductive Rights?

Michigan's 1931 law banning abortion was repealed by Governor Gretchen Whitmer on April 5, 2023. The law, which criminalized abortion in nearly all cases, had been unenforceable after voters enshrined abortion rights in the state constitution in November 2022. The ballot measure, known as Proposal 3, passed with overwhelming support in the 2022 midterm elections, and lawmakers worked to fully repeal the 1931 ban. Michigan's success in securing abortion rights is the result of years of planning, coalition-building, and grassroots organizing led by the ACLU of Michigan, Planned Parenthood Advocates of Michigan, and Michigan Voices. The repeal of the 1931 law brings Michigan's laws up to date with the state constitution, guaranteeing the rights and freedoms of Michiganders and building on the state's welcoming reputation for talent and investment.

Michigan's 1931 abortion ban was repealed by Governor Gretchen Whitmer in April 2023

Michigan's 1931 abortion ban was repealed by Governor Gretchen Whitmer on Wednesday, April 5, 2023. The law, which had been in legal limbo for months, was struck down by Whitmer, who was surrounded by Michigan doctors, lawmakers, and abortion advocates at the bill signing ceremony in Birmingham, Michigan.

The 1931 law banned most abortions except to "preserve the life" of the pregnant person and included criminal penalties for health providers. It had been unenforceable since the U.S. Supreme Court's decision in June 2022 to overturn Roe v. Wade, the nearly 50-year-old ruling that affirmed federal abortion rights. The Supreme Court's decision sparked a citizen-led initiative to enshrine abortion rights in Michigan's state constitution, which received more signatures than any other ballot proposal in state history. Voters overwhelmingly approved the proposal in the November 2022 midterm elections, making the 1931 law unconstitutional and unenforceable.

Governor Whitmer's repeal of the 1931 abortion ban eliminated the possibility of the law being enforced in the future. The repeal was the result of years of planning, coalition-building, and grassroots organizing by groups such as the ACLU of Michigan, Planned Parenthood Advocates of Michigan, and Michigan Voices. The ballot measure, known as Proposal 3, secured the right to reproductive freedom in Michigan, protecting abortion, prenatal care, birth control, and all other forms of reproductive health care.

Whitmer, who called the 1931 policy a "zombie law", celebrated the repeal as a victory for people's fundamental freedoms and a boost to Michigan's economy, stating that it will help attract talent and business investment. The repeal also marked another victory for abortion rights supporters in Michigan, who joined California and Vermont in enshrining abortion rights in their state constitutions.

The ban made it a four-year felony to assist in an abortion

Michigan's 1931 abortion ban, which made it a four-year felony to assist in an abortion, was repealed by Governor Gretchen Whitmer on April 5, 2023. The law, which had been unenforceable since the US Supreme Court's Roe v. Wade ruling in 1973, was struck down following a successful citizen-led initiative to enshrine abortion rights in the state's constitution.

The 1931 law, Section 750.14, criminalized abortion except when the pregnant person's life was in danger. This meant that performing an abortion or assisting in the procedure was a felony offence, punishable by up to four years in prison. However, the Roe v. Wade decision rendered the law null and void, as it established a constitutional right to abortion in the first trimester.

In June 2022, the US Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization ruling. This decision removed the federal protection for abortion rights and raised concerns that the 1931 Michigan abortion ban could be enforced once again. In response, a grassroots coalition, led by the ACLU of Michigan, Planned Parenthood Advocates of Michigan, and Michigan Voices, mobilized to protect abortion access in the state.

The coalition launched a citizen-led ballot campaign called Reproductive Freedom for All (RFFA) to amend the state's constitution and secure the right to reproductive freedom. The campaign gathered over 750,000 signatures, more than any other ballot measure in Michigan history, and the proposal was approved by voters in the 2022 midterm elections. This amendment prevented the enforcement of the 1931 abortion ban and guaranteed the right to abortion and contraceptive use in the state.

On April 5, 2023, Governor Whitmer signed legislation to officially repeal the 1931 abortion ban, eliminating any future possibility of its enforcement. This marked a significant victory for abortion rights supporters in Michigan and ensured that residents of the state could make their own decisions about their bodies and reproductive health.

The Supreme Court's overturning of Roe v. Wade would have revived the 1931 ban

The Supreme Court's overturning of Roe v. Wade would have revived Michigan's 1931 abortion ban, which made it a four-year felony to assist in an abortion and criminalized nurses and doctors for carrying out their jobs. The 1931 law banned abortion without exceptions for rape or incest.

In June 2022, the Supreme Court overturned Roe v. Wade, a 1973 landmark decision that ruled the Constitution of the United States generally protected a person's right to have an abortion. The overturning of Roe v. Wade meant that individual states could decide on their abortion laws.

In Michigan, the 1931 abortion ban was unenforceable as voters had enshrined abortion rights in the state's constitution in November 2022. This was the result of a grassroots coalition that had been concerned about the archaic 1931 abortion ban, which could have gone into effect if the Supreme Court overturned Roe v. Wade. The coalition's efforts led to Proposal 3, which secured the right to reproductive freedom in Michigan, protecting abortion, prenatal care, birth control, and all reproductive health care. Proposal 3 passed with overwhelming support in the 2022 midterm elections.

On April 5, 2023, Governor Gretchen Whitmer signed bipartisan legislation repealing Michigan's 1931 abortion ban, bringing the state's laws up to date with the state's constitution. The new laws ensured that Michiganders could make their own decisions about their bodies and helped to attract talent and business investment to the state.

Michigan's constitution now guarantees abortion rights

The amendment prevents the regulation of abortion before foetal viability and makes it unconstitutional to make laws restricting abortions that would protect the life and health of the pregnant individual seeking an abortion. This is a significant development, as a 1931 law in Michigan had criminalised abortion except when the pregnant person's life was in danger. This law was ruled to be unconstitutional and formally repealed on 5 April 2023.

The successful ballot initiative was the result of a grassroots coalition formed by the ACLU of Michigan, Planned Parenthood Advocates of Michigan, and Michigan Voices. They joined forces to conduct a listening tour with stakeholders and explore how best to mobilise to protect abortion rights and access in the state. The coalition concluded that Michiganders wanted to protect and expand the full range of reproductive rights and healthcare. The coalition then formed a citizen-led ballot campaign, Reproductive Freedom for All (RFFA), to amend the state's constitution.

The victory for abortion rights in Michigan is a testament to the power of grassroots organising and the importance of planning ahead to protect civil rights and liberties. It also highlights the role of citizen-led initiatives in shaping state laws and policies. Michigan now joins a growing number of states that have moved to protect reproductive freedoms and access to safe and legal abortion in the wake of the Supreme Court's decision to overturn Roe v. Wade.

The fight for abortion rights in Michigan was led by grassroots organisations

In January 2022, after a year of exploring the concerns and vision of Michiganders, the coalition formed a citizen-led ballot campaign called Reproductive Freedom for All (RFFA). They needed at least 425,059 verified signatures from registered Michigan voters by early July to get the measure on the midterm ballot. The leak of a draft majority opinion written by Justice Samuel Alito ahead of the Dobbs v. Jackson Women's Health Organization ruling, revealing plans to overturn Roe v. Wade, spurred tens of thousands to sign the ballot petition and volunteer to help collect signatures.

On July 11, RFFA delivered 753,759 signatures—more than any other ballot measure in state history—to the Michigan Secretary of State. After the Michigan Board of State Canvassers rejected the RFFA amendment, the state supreme court overturned that decision and certified the measure for the November ballot.

In the lead-up to the midterm elections, thousands of volunteers knocked on doors, made phone calls, and talked to friends and family members to build support for Proposal 3. The ballot measure passed with overwhelming support, amending the state constitution to secure the right to reproductive healthcare, including abortion, in Michigan.

In April 2023, Governor Gretchen Whitmer signed a bill repealing the 1931 abortion ban, eliminating the threat to reproductive freedom in the state. This victory for abortion rights in Michigan was the result of years of planning, coalition-building, and grassroots organising. It showcased the power of everyday citizens coming together to fight for change.

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