Michigan Gov. Whitmer Signs Package Repealing Abortion Ban

Michigan Gov. Gretchen Whitmer addresses the media after signing the final piece of a $76 billion state budget into law in Detroit on July 20, 2022. Carlos Osorio/AP Photo

Michigan Gov. Gretchen Whitmer signed a package of measures on Wednesday to repeal a 1931 law that pro-life critics say protected viable unborn babies from late-term abortions.

The Michigan House and Senate, both controlled by a narrow two-seat Democratic majority, voted last month to repeal the state’s long-standing abortion ban before sending it to the governor’s desk.

The bill faced staunch opposition from the majority of Republicans, who spoke out against the legality of abortion as a whole.

Whitmer, a Democrat, called the nearly 100-year-old ban “extreme.” She was joined by abortion activists from Planned Parenthood and Emily’s List at the bill signing.

In a statement after a bill signing outside of Detroit, Whitmer acknowledged a citizen-led ballot initiative in which Michiganders voted to enshrine abortion as a right in the state’s Constitution. The governor said they sent a “clear message” with their votes.

“Today, we’re going to take action to make sure that our statutes and our laws reflect our values and our constitution,” Whitmer said.

In a further written statement, the governor said repealing the ban was “good economics” and “will help attract talent and business investment.” She said she would use “every tool in my toolbox” to keep fighting for abortion rights.

The governor’s office noted in the statement that the “decision to become a parent or grow a family is one of the biggest economic decisions a person will make in their lifetime.”

‘Ideologically Driven Obsession With Abortion’

Whitmer’s signature on the bill package has been criticized by opponents who argue that the repeal demonstrates the Democratic governor’s “ideologically driven obsession with abortion at all costs.”

Right to Life Michigan President Barbara Listing decried the bill signing.

“Today is a dark day for women in our state and for unborn children nearing birth,” Listing said in a statement.

“Cloaking the elimination of long-standing, common-sense health and safety protections in the mantra of ‘women’s rights’ demonstrates the extreme nature of the Governor’s abortion activism,” she said.

“Governor Whitmer may find the national spotlight dimming as the reality of today’s action unfolds,“ she continued. ”The Governor’s radical abortion at all costs approach to women’s health and safety has historically been relegated to an unelectable wing of her party.”

According to Right to Life Michigan, parts of the now-nullified law had remained in place even under Roe v. Wade. The law contained critical portions that remain constitutional even after the Proposal 3 ballot initiative.

In response to the repeal, the pro-life organization said it would continue to advocate for health and safety protections for women and the full protection of the right to life of the unborn.

The organization said it aims to “shed light on the women harmed by the reckless removal of any protections or safeguards around abortion and the threat the Whitmer administration poses to life-affirming options to abortion.”

The Ban

Michigan’s 1931 abortion ban made it a four-year felony to assist with an abortion unless it was to save the mother’s life. The ban included rare cases of rape and incest.

The 1973 Supreme Court decision in Roe v. Wade rendered the ban null and void. However, when that landmark decision was overturned in June last year, the ban was effectively reinstated.

But the courts blocked the ban from coming back into effect while a citizen-led initiative sought to enshrine abortion rights in the state’s constitution. That initiative was a success.

More than 2.4 million Michiganders voted “yes” in November 2022 to a question of enshrining abortion as a right in the state’s constitution. Roughly 1.8 million voted no.

The legislation signed Wednesday by Whitmer, House Bill 4006,  eliminates a felony charge for those who administer medication or employ any means with intent to induce a miscarriage in a pregnant woman unless it is necessary to protect the mother’s life. In addition, HB 4006 repeals a misdemeanor charge for those who advertise, publish, or sell drugs designed to procure an abortion.

A companion bill from the state’s lower chamber, House Bill 4032, deletes the sentencing guidelines to conform with the repeal of the Penal Code sections in HB 4006. Meanwhile, a companion legislation in the state’s Senate, Senate Bill 2, prohibits the publication or sale of any material containing information about compounds that prevent conception or induce a miscarriage or abortion.