Michigan House approves Reproductive Health Act bills, removing some abortion restrictions

Michigan House Democrats chalked off a key agenda item during a late-night session Wednesday, as members voted along party lines to approve a series of bills related to expanding abortion access in Michigan, referred to by supporters as the Reproductive Health Act.

The bills build upon the constitutional amendment enshrining access to reproductive freedom approved by Michigan voters last year — they remove a state ban on what's known as "partial-birth" abortion; end the requirement for patients to pay for a special rider or additional coverage beyond their normal insurance coverage; and update references to Michigan law's based on the state's new abortion policies.

"When we started the 102nd Legislature, we promised to put people first and protect reproductive rights," House Speaker Joe Tate, D-Detroit, posted on social media after the vote. "Now, the people's House just delivered on the Reproductive Health Act to keep abortion accessible and affordable for generations to come."

Justin Cheong of BAMN walks past the Coleman A. Young Municipal Center during a protest to protect abortion rights and the continuation of abortion medication in Detroit on Saturday, April 15, 2023.
Justin Cheong of BAMN walks past the Coleman A. Young Municipal Center during a protest to protect abortion rights and the continuation of abortion medication in Detroit on Saturday, April 15, 2023.

House Democrats, however, were unable to advance all of the legislation originally proposed when the Reproductive Health Act was unveiled in August. Lawmakers didn't vote on bills to allow Medicaid to pay for abortions, or remove the 24-hour waiting period before an abortion. Rep. Karen Whitsett, D-Detroit, previously said she would not support allowing Medicaid to pay for recipients to have abortions.

Whitsett, who said she was a supporter of Proposal 3 and voted with the rest of the Democratic caucus to approve the bills voted on Wednesday night, said the proposals to repeal the 24-hour waiting period and allow Medicaid-funded abortions were "going a bit far."

The 24-hour waiting period is referred to as "informed consent."

In a statement, a coalition of abortion rights advocacy groups, including Planned Parenthood Advocates of Michigan and Reproductive Freedom For All Michigan, said the package approved by lawmakers Wednesday was "watered-down" without the Medicaid or informed consent provisions.

"Voters have time and again sent a clear mandate to elected officials to take action to remove unnecessary restrictions on abortion access that only impose barriers to care And yet — thanks to one Michigan House member’s foolhardy opposition to this critical legislation — this chamber just passed a watered-down version of the Reproductive Health Act that lacks key policy reforms that are both desperately needed and widely supported by voters across the state," the statement said.

Whitsett's vote was needed by House Democrats, who hold a 56-54 advantage in the House. Republican lawmakers voted against every bill in the Reproductive Health Act package and protested the proposals voted on Wednesday.

Michigan's abortion policies changed fundamentally last year when voters approved Proposal 3, a ballot question enshrining the right to reproductive freedom, including abortion, in the state's constitution. Before that, abortion access in Michigan was partially in question, largely due to the U.S. Supreme Court's repeal in June 2022 of Roe v. Wade, the landmark court ruling that previously protected abortion access nationally. After Roe's repeal, abortion access became an issue at the state level. In Michigan, a court injunction prevented a long-dormant 1931 ban on abortion from being enforced.

In a statement provided to the Free Press, Gov. Gretchen Whitmer applauded the House-approved package and referenced further possible changes to Michigan's existing abortion laws.

“This legislation makes important steps toward expanding access and protecting our personal freedoms. We will continue to take action to ensure that Michiganders can access the reproductive health care they deserve," Whitmer said.

The bills will still need to advance through the Michigan Senate before Whitmer can sign them into law.

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

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This article originally appeared on Detroit Free Press: Michigan House approves bills eliminating some abortion restrictions