Michigan’s Strong Anti-Abortion Laws: A Summary
In light of the ongoing debate in Michigan about pro-life petition measures, it is important to look to Michigan’s current laws that are in place. While these laws sit dormant due to the 1973 Supreme Court ruling in Roe v. Wade, Michigan’s laws regarding abortion are some of the strongest in the nation. Opponents to anti-abortion measures know this, and have made several attempts to dismantle the laws. In early 2019, members of the Michigan House and Senate presented bills that would remove current protections against abortion.
The legislation was introduced in both the MI Senate and House on 1/23/19 and 1/29/19, respectively, that would amend and repeal current Michigan Law that affects abortion. These laws place certain prohibitions on abortion, create penalties for individuals who would violate those laws, and allows for prosecution of individuals who perform an abortion in which the woman dies. Finally, the laws prohibit providing information how to get an abortion, or how to perform abortion procedures, etc. IF THESE BILLS WERE TO BE PASSED, Michigan would have a much weaker laws regulating the legality of abortion.
“THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931, 14 Miscarriage; administering with intent to procure; felony, penalty. Sec. 14. Administering drugs, etc., with intent to procure miscarriage—Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter. In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.”
- Result: Michigan would have no laws prohibition abortion (exceptions are made in this language to preserve the life of the mother) or providing penalties for performing an abortion.
- SB 52, HB 4115 (TIE BAR WITH SB 50): Would remove the following definitions to reflect the repeal under SB 50: “Abortion resulting in death of female” and “Abortion”
“THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 750.40 Private diseases; conceptive preventatives; publication of cures. 40.
Publication in indecent language of cures for private diseases and conceptive preventatives—The publication or sale within this state of any circular, pamphlet or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be guilty of a misdemeanor.”