Michigan's Historic Abortion Law: Understanding The 1931 Legislation

Michigan's 1931 abortion law, Section 750.14, criminalized abortion unless the pregnant person's life was in danger. The law was ruled unconstitutional by the Michigan Court of Claims in May 2022 and was formally repealed by statute in April 2023. The law, which had been unenforceable since 1973 due to the Supreme Court's ruling on Roe v. Wade, sparked controversy and legal battles. The repeal of the law was a significant victory for abortion rights advocates in Michigan, who had worked tirelessly to protect reproductive freedom in the state.

The 1931 law was repealed in April 2023

Michigan's 1931 abortion law, which banned almost all abortions and imposed penalties on doctors and pregnant people, was repealed in April 2023. This repeal was the culmination of years of planning, coalition-building, and grassroots organising by abortion rights advocates in the state.

The 1931 law had been unenforceable since 1973 when the Supreme Court ruled on Roe v. Wade. However, after the Supreme Court overturned Roe v. Wade in 2022, there were concerns that the 1931 law would be revived. In response, abortion rights advocates in Michigan launched a ballot initiative called Reproductive Freedom for All, which sought to enshrine the right to abortion in the state constitution. The initiative was successful, with the proposal passing in the 2022 midterm elections. This prevented the 1931 law from going back into effect.

The official repeal of the 1931 law in April 2023 was the result of quick advocacy efforts from new pro-reproductive freedom majorities in the state legislature. Governor Gretchen Whitmer signed the bill repealing the law, eliminating the threat to reproductive freedom that had loomed over the state for 92 years. The repeal brought Michigan's laws up to date with the state constitution, guaranteeing the rights and freedoms of Michiganders, and reinforcing the state's welcoming reputation for talent and investment.

The repeal of the 1931 law was a significant moment for physicians and patients in Michigan, as surrounding states had further restricted abortion, making Michigan a haven for out-of-state residents seeking abortion care. The repeal ensured that Michiganders could continue to make their own decisions about their own bodies and affirmed the state's commitment to protecting reproductive freedom and access to safe, legal abortion.

It was one of the strictest abortion laws in the country

Michigan's 1931 abortion law was one of the strictest in the country. The law, Section 750.14, criminalized abortion except when the pregnant person's life was in danger. Under this law, almost all abortions would be considered a felony with a possible penalty of up to four years in prison. Doctors who assisted in abortions and pregnant people who used medication for self-abortions could be charged.

The law did not grant exceptions in cases of rape or incest. While it did grant exceptions to "preserve the life" of the mother, experts were unsure of the exact meaning of this phrase. Many doctors were concerned about the ambiguity of the law and felt they would be forced to decide if a pregnancy was risky enough to justify an abortion.

The 1931 law was unenforceable from 1973 until 2022 when the Supreme Court ruled on Roe v. Wade, guaranteeing a woman's right to obtain an abortion. In 2022, the Supreme Court overturned Roe v. Wade, and a Michigan Court of Claims judge ruled that the 1931 law violated the state constitution. The law was formally repealed by statute in April 2023.

The repeal of the 1931 law 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. A ballot measure, Proposition 3, was passed with overwhelming support in the 2022 midterm elections, securing the right to reproductive freedom in Michigan and protecting abortion, prenatal care, birth control, and all reproductive health care. This victory for abortion rights showed the power of grassroots organizing and the importance of planning ahead to protect civil rights and liberties.

It was unenforceable from 1973 until 2022

Michigan's 1931 abortion law was unenforceable from 1973 until 2022 due to the U.S. Supreme Court's ruling in Roe v. Wade, which guaranteed a woman's constitutional right to an abortion. This ruling effectively rendered Michigan's 1931 law—which criminalized abortion except when necessary to protect the life of the mother—null and void.

However, in 2022, the Supreme Court overturned Roe v. Wade, and the right to abortion was no longer federally protected. This decision meant that individual states could now ban or severely restrict abortion access.

In the wake of the Supreme Court's decision, there was uncertainty about whether Michigan's 1931 abortion law would immediately go into effect. Planned Parenthood of Michigan and Dr. Sarah Wallett filed a lawsuit to block the enforcement of the 1931 law, and in May 2022, the Michigan Court of Claims granted a preliminary injunction, preventing the law from taking effect until the lawsuit was resolved.

During this period, Michigan Democrats, abortion rights activists, and grassroots coalitions worked to protect reproductive rights in the state. They gathered signatures, knocked on doors, and mobilized to get a reproductive rights amendment, known as Proposition 3, on the November 2022 ballot. Proposition 3 aimed to secure the right to reproductive freedom, including abortion, in the Michigan Constitution.

On November 8, 2022, Proposition 3 passed with overwhelming support, ensuring that the 1931 abortion ban would remain unenforceable. This victory was 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.

Finally, on April 5, 2023, Governor Gretchen Whitmer officially repealed the 1931 abortion ban, eliminating the threat to reproductive freedom in Michigan and cementing access to safe and legal abortion in the state.

It was repealed by Governor Gretchen Whitmer

Michigan's 1931 abortion law, which banned almost all abortions, was repealed by Governor Gretchen Whitmer in April 2023. The law, which had been unenforceable since 1973 when the Supreme Court ruled on Roe v. Wade, was one of the strictest in the country. It made abortion illegal unless the pregnant person's life was in danger and criminalized doctors and nurses who assisted in abortions. It also allowed charges to be brought against pregnant people who used medication for self-abortions.

Governor Whitmer's decision to repeal the law was the result of years of planning, coalition-building, and grassroots organizing by abortion rights advocates in the state. In 2022, an activist group called Reproductive Freedom for All started a ballot initiative to enshrine the right to abortion in the Michigan Constitution. The initiative was successful, with 753,759 signatures submitted—more than any other ballot measure in state history. 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.

Governor Whitmer's decision to repeal the law was also influenced by the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and threatened to bring the 1931 law back into effect. In May 2022, a Michigan Court of Claims judge issued an injunction preventing the 1931 law from going into effect until a decision was made in a lawsuit filed by Planned Parenthood of Michigan and Dr. Sarah Wallett. This injunction was later upheld by the Michigan Court of Appeals, which ruled that it applied to both state and county prosecutors.

On April 5, 2023, Governor Whitmer signed bipartisan legislation repealing the 1931 law, bringing Michigan in line with 10 other states that had moved to protect reproductive freedoms and access to safe, legal abortion. The new laws removed the unconstitutional 1931 law from the books and guaranteed that Michiganders could make their own decisions about their bodies. Governor Whitmer stated that "standing up for people's fundamental freedoms is the right thing to do and it's also just good economics," and that by repealing the law, Michigan would help attract talent and business investment.

The repeal of the 1931 abortion law in Michigan was a significant victory for abortion rights advocates and a testament to the power of grassroots organizing and the strength of voters. It ensured that abortion would remain safe and legal in the state and affirmed the fundamental right to reproductive freedom for all Michiganders.

It did not grant exceptions in cases of rape or incest

Michigan's 1931 abortion law, which was repealed in April 2023, did not grant exceptions in cases of rape or incest. This meant that even if a pregnancy was a result of rape or incest, abortions were still considered a felony and punishable by up to four years in prison. Both doctors who assisted in abortions and pregnant people who used medication for self-abortions could be charged.

The law was one of the strictest in the country and was seen as an attempt by men in power to control and stifle the independence of women. The lack of exceptions for rape and incest highlighted the law's disregard for the health, safety, and autonomy of pregnant people. It sparked protests and galvanised abortion rights supporters across the state and the country.

The law's failure to recognise rape and incest as exceptional circumstances drew criticism and concern from various quarters. Medical experts and physicians expressed worry about the law's ambiguity and the potential impact on their practice. They feared being forced to decide if a pregnancy resulting from rape or incest was risky enough to justify an abortion under the law and facing legal consequences if charged.

The lack of exceptions in cases of rape and incest also fuelled grassroots organising and political action. In Michigan, abortion rights supporters, led by organisations like the ACLU of Michigan, Planned Parenthood Advocates of Michigan, and Michigan Voices, mobilised to protect abortion access. They conducted listening tours, gathered signatures, and successfully got an abortion rights measure on the ballot as Proposition 3. This measure secured the right to reproductive freedom in Michigan, protecting abortion, prenatal care, birth control, and all reproductive health care.

The successful repeal of the 1931 abortion law, including its lack of exceptions for rape and incest, was a significant victory for abortion rights in Michigan. It ensured that pregnant people in the state could make their own decisions about their bodies and that medical professionals could provide essential care without fear of criminal prosecution.

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