If you’re anything like me, you’ve been overwhelmed with everything happening politically around reproductive rights both in Michigan and in the United States. You probably are also someone who wants to do something to help the movement but doesn’t even know where to start. Well, I wanted to try and help clear up some confusion by creating this simple and comprehensive guide to what is happening in Michigan with the legality of abortion and other reproductive health services.
Some context:
Before Roe v. Wade, abortion access was banned in Michigan. The only law on the books regarding abortion was a 1931 law that completely banned it in all cases even rape and incest. This law would prosecute nurses or doctors that performed abortions or people who used medication for self-abortions. Because of Roe v. Wade, abortion has been protected in Michigan and in all states nationwide and the 1931 law has been blocked in Michigan because of it. For some time, there were suspicions that this precedent would be overruled, which is what encouraged the creation of the Reproductive Freedom for All ballot initiative campaign.
The Creation of the Reproductive Freedom For All Ballot Initiative: January 19th, 2022
At the beginning of 2022, coalition efforts from Reproductive Freedom for All, Planned Parenthood of Michigan, and ACLU of Michigan formed the Reproductive Freedom for All Ballot Initiative petition. On January 7th, 2022 the campaign Reproductive Freedom for All campaign filed a petition with the State Board of Canvassers and on January 19th the Board approved the petition language. The ballot initiative petition would need to get 425,000 signatures to be put on the ballot in Michigan’s general election, on November 8th.
Governor Gretchen Whitmer Challenges 1931 Abortion Ban: April 7th, 2022
Michigan’s 1931 ban on abortion is the only law on the books for the legality of abortion in Michigan. If Roe v. Wade is overturned then abortion would be illegal in Michigan. After speculations that Roe v. Wade will be overturned, Whitmer took action to protect Michigan residents and their reproductive freedom. On April 7th, 2022 Governor Whitmer filed a lawsuit that asks the Michigan Supreme Court to resolve the 1931 law.
Planned Parenthood of Michigan challenges the 1931 Abortion Ban: April 7th, 2022
Concurrently with Governor Whitmer, Planned Parenthood filed a lawsuit through Michigan’s Court of Claims to block the enforcement of the law. Specifically, it was Dr. Sarah Wallet (Chief Medical Officer of Planned Parenthood of Michigan) who first challenged the law and said it is “unconstitutionally vague and violated Michiganders’ rights under the state constitution and civil rights laws”.
Leaked SCOTUS Opinion: May 2nd, 2022
Monday, May 2nd Politico released the leaked Supreme Court decision for Dobbs v. Jackson Women’s Health Organization. This opinion would overturn the landmark case, Roe v. Wade. If this draft decision was issued as an official decision, the main federal-level protection for reproductive rights would be taken away, leaving abortion rights up to the laws of the individual states.
Roe V Wade Overturnment: June 24th, 2022
On June 24th, 2022 The U.S. Supreme Court officially overturned Roe v. Wade. This precedent immediately took effect in more than half of the U.S. states. In terms of Michigan, the only law we had concerning the legality of abortion was a law from 1931 that completely banned abortion in all cases- even rape and incest (a law that has been challenged by both Governor Whitmer and Planned Parenthood of Michigan).
End of Petition Gathering: July 11th, 2022
On July 11th, 2022 - the end of the allowed time to gather signatures for the petition came, over 730,000 signatures were gathered (these were just the validated ones) which is over 300,000 more than needed. This was then sent to the Michigan Board of Canvassers to be approved and put on the ballot in November.
Governor Whitmer wins a preliminary injunction against the 1931 abortion ban: August 19th, 2022
On a basic level, this protects the right to abortion until the court decides to take up the governor’s lawsuit or until Michigan voters decide to protect the right to abortion in the election this November.
In a tied vote of two to two, the Michigan State Board of Canvassers blocked the Reproductive Freedom for All Ballot Initiative from being on the ballot in November. Anthony Daunt and Richard Houskamp are the two Republican members of the Board of Canvassers that voted against verifying the ballot initiative because of protests from Citizens to Support MI Women and Children. The argument against the ballot initiative was that “spacing and formatting errors in the text circulated to voters for their signatures rendered the effort invalid”.
Michigan Court of Claims Permanently Blocks 1931 Abortion Ban: September 7th, 2022
Through Planned Parenthood of Michigan challenging Michigan’s 1931 abortion ban in April (April 7th, 2022), finally, the Michigan Court of Claims permanently blocks enforcement of this law. This is huge since this ban was the only law for abortion in Michigan, and with Roe v. Wade overturned- it would have been detrimental to abortion rights in Michigan.
In response to the Board of canvasser’s decision, the Reproductive Freedom for All campaign appealed this decision to the Michigan Supreme Court. The Michigan Supreme Court ruled 5-2 in a decision that would verify the Reproductive Freedom for All Ballot initiative would appear on the ballot in November. This means that voters in Michigan will be able to vote to protect abortion rights in the general election.
What can you do to help?
One of the most important things you can do to protect reproductive rights in Michigan is to vote YES on Prop 3. This proposition, if passed, would establish the right to reproductive freedom in Michigan’s constitution. I don’t think I can express in words how vital this is for saving lives and establishing human rights as a whole. This gives the right for individuals to make decisions about their reproductive future and what is best for them and their health. This isn’t just abortion, this is care during pregnancy, care after a miscarriage, infertility care, etc. Your reproductive care should be decided by you and that's what this proposal would do. Your vote matters. You have to vote not only for yourself but for those around you who can’t vote and for those who are most vulnerable to the results of this election. We’re all depending on you to get out and vote because these elections really do matter.
Were you confused by some of the terms we used in this post?
Here’s a list of some of them and their meanings. If there are any additional questions you have, please email or . We can even help with getting a new license and registering to vote.
Reproductive rights: the human right to maintain personal bodily autonomy, have children, not
have children, and parent the children we have in safe and sustainable communities.
Abortion: the deliberate termination of a human pregnancy.
Ballot Initiative: When a citizen or group of citizens attempt to get a question on the ballot for one of three purposes: first, to enact a new law or new section or sections of law; second, to approve or reject a law already enacted; and third, to amend the constitution
State Board of Canvassers: Comprised of four members (two republicans and two democrats) who are responsible for canvassing and certifying statewide elections, elections for legislative districts that cross county lines, and all judicial offices except Judge of the Probate Court. Conducting recounts for state-level offices, canvassing nominating petitions filed with the Secretary of State, canvassing state-level ballot proposal petitions, assigning ballot designations and adopting ballot language for statewide ballot proposals, and approving electronic voting systems for use in the state.
Ballot Initiative Petition: In order to exercise the right to initiate legislation (initiative), a citizen or group must secure, on petitions, the signatures of registered electors in an amount not less than 8 percent of the total vote cast for all candidates for governor at the last gubernatorial election.
Overturned: when a judiciary rejects the result of a prior court proceeding
Supreme Court: the highest judicial court in a country or state.
Lawsuit: a problem taken to a law court by an ordinary person or an organization rather than the police in order to obtain a legal decision
Court of Claims: to hear and determine all civil actions filed against the State of Michigan and its agencies
Roe v. Wade: The Supreme Court case that gave birth givers the federal right to an abortion
Dobbs v. Jackson Women’s Health Organization: The Supreme Court case that decided there is no constitutional right to an abortion. This set the precedent for Roe v. Wade to be overturned.
About the Author
Mackenzie Lovel is a junior majoring in Social Relations & Policy and Comparative Cultures & Politics with minors in Women's & Gender Studies and Peace & Justice studies. Outside of class, she is involved with Planned Parenthood Generation Action, Pad the Mitten, and the Progressive Policy Alliance (formally known as Roosevelt @MSU). Mackenzie also volunteers for the Center for Survivors, and works as a Peer Educator.
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