Abortion bills in Michigan: Here's what the Legislature is doing
Arpan LoboMichigan voters resoundingly passed a ballot proposal to enshrine the right to an abortion in the state’s constitution last fall, but a long-dormant abortion ban first enacted in 1931 remains on the state’s books, though it's unenforceable.
Equipped with new majorities in state government, Democratic lawmakers in Michigan are now taking up bills to remove the 1931 ban and codify abortion access at the legislative level.
Both chambers have repealed abortion ban
Democrats assert the state’s books should reflect Proposal 3’s intent to enshrine abortion access.
In both the House and Senate, lawmakers have passed separate packages of bills repealing the 1931 law and references to the criminalization of abortion in Michigan’s penal and corrections codes, which deal with sentencing.
Votes on the packages have mostly come along party lines, with Democrats supporting the repeals and Republicans opposing. In the House, two Republicans joined Democrats in passing the House package — state Reps. Donni Steele, of Orion Township, and Tom Kuhn, of Troy. Kuhn referenced Prop. 3’s passage, saying he swore an oath to uphold the Constitution and voted that way, "notwithstanding my personal belief on abortion or any other issue."
Both chambers would need to pass the same bills and send them to Gov. Gretchen Whitmer for signature for the proposals to become law.
More:Michigan House repeals 1931 abortion ban following passage of Proposal 3
What other abortion-related bills are being taken up?
The Michigan Senate has also passed Senate Bills 2 and 93, which repeal other existing abortion-related laws. SB 2, introduced by state Sen. Erika Geiss, D-Taylor, repeals a dormant law banning access to contraception and the sharing of information related to abortion. SB 93, introduced by state Sen. Sarah Anthony, D-Lansing, repeals a dormant law banning the sale of drugs meant to produce a miscarriage.
Republicans in the House and Senate have also introduced legislation related to abortion, but the bills are unlikely to be taken up in the Democratically controlled chambers.
What are lawmakers saying about these bills?
Democrats argue the bills being passed align with the will of the voters — given Proposal 3’s passage, the Legislature should remove “zombie bills” from the state’s books, and that codifying abortion access protects reproductive health care and personal privacy.
“The action we are taking today recognizes that this state recognizes the bodily autonomy of people carrying pregnancies,” state Rep. Christine Morse, D-Texas Township, said on the House floor on March 2. “Bodily autonomy is critical to personal freedom.”
Republicans say Proposal 3’s passage removes the need for any legislative action on abortion access in Michigan. Many GOP lawmakers also say the repeals passed in the Legislature go beyond Proposal 3.
“Keeping these laws on the books in no way limits the options for women to have an abortion,” said state Rep. Gina Johnsen, R-Lake Odessa.
What are the next steps?
House Bills 4006 and 4032, which repeal the 1931 abortion ban and corresponding language in the state’s criminal code, have passed both chambers and now go to Whitmer’s desk for signature. Whitmer will almost undoubtedly sign the bills into law.
Senate Bills 2, 37, 39 and 93 still must be voted on in the House.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.