Michigan House repeals 1931 abortion ban following passage of Proposal 3
The Michigan House of Representatives on Thursday moved to repeal Michigan's 1931 ban on abortion, which remains on the books even though it was rendered unenforceable when the state's voters overwhelmingly approved Proposal 3 to enshrine the right to an abortion in the constitution. Representatives voted 50-38 to remove the laws from Michigan's books, with two Republican lawmakers — state Reps. Thomas Kuhn, R-Troy, and Donni Steele, R-Orion Twp. —-joining Democrats in voting in favor of the repeal.
What's in the bills?
The two bills passed Thursday repeal the 1931 Michigan law which made abortion illegal in Michigan, with the exception to save the life of the pregnant person. The law was rendered unconstitutional after the passage of Proposal 3 in November.
House Bill 4006 repeals the 1931 law, which states it's illegal for any individual, mainly doctors, to assist with an abortion. House Bill 4032 repeals related sections of the Michigan Penal Code.
The 1931 law hasn't been enforced for years. It was rendered unenforceable under Roe v. Wade, the U.S. Supreme Court case that determined a national constitutional right to abortion access. But when the court overturned Roe in June, abortion access in Michigan was thrown into question, leading to a series of lawsuits to keep abortion legal until Proposal 3's passage.
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What do supporters and opponents say?
Democratic lawmakers backing the repeal said voters had made their positions clear. State Rep. Laurie Pohutsky, D-Livonia, who sponsored HB 4006, ripped a page out of a lawbook on the House floor symbolizing the repeal of the state's abortion ban.
“I cannot put into words how much it weighs on me … because the decision to leave this law on the books led to confusion and fear,” she said, referencing the unclarity of abortion access following Roe's reversal.
State Rep. Julie Brixie, D-Okemos, said the decision to get an abortion should remain between a woman and her doctor, not the government, noting her own decision to obtain an abortion.
“Privacy and personal freedoms are fundamental to our values," Brixie said.
Republicans were unsuccessful in introducing a series of amendments to HB 4006. Many GOP lawmakers decried the vote Thursday, saying it was unnecessary to repeal the 1931 law. Others criticized the practice of abortion entirely.
“There is nothing more precious than life itself. These bills are an attempt to spike the ball," said state Rep. James DeSana, R-Carleton.
Kuhn, one of the Republicans to vote in favor of the bills, said he swore an oath to uphold the Constitution and voted that way, "notwithstanding my personal belief on abortion or any other issue."
During a Wednesday committee hearing, the American Civil Liberties Union and Planned Parenthood testified in favor of the bills. The Michigan Catholic Conference testified against them, and Right to Life of Michigan issued a statement in opposition.
What's next?
The package of bills making up the repeal still must pass through the Michigan Senate, which is mulling its own set of bills striking out parts of the outdated law, before it can advance to Gov. Gretchen Whitmer for signature.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
This article originally appeared on Detroit Free Press: House repeals still-on-books abortion ban after Prop 3 passage
