DETROIT (AP) — A judge on Wednesday struck down Michigan's 1931 anti-abortion law, months after suspending it, the latest development over abortion rights in a state where the issue is being argued in courtrooms and, possibly, at the ballot box.
The law, which was long dormant before the U.S. Supreme Court overturned Roe v. Wade in June, violates the Michigan Constitution, said Judge Elizabeth Gleicher.
“A law denying safe, routine medical care not only denies women of their ability to control their bodies and their lives — it denies them of their dignity,” Gleicher of the Court of Claims wrote. “Michigan’s Constitution forbids this violation of due process.”
The decision comes as the Michigan Supreme Court still is considering whether to place a proposed amendment on the Nov. 8 ballot that would add abortion rights to the state constitution. A Friday deadline is looming.
Supporters submitted more than 700,000 signatures, easily clearing the threshold. But a tie vote by the Board of State Canvassers over spacing issues on the petition has kept it off the ballot so far.
In the case handled by Gleicher, the 1931 law makes it a crime to perform abortions unless the life of the mother is in danger.
The judge found the law “compels motherhood” and prevents a woman from determining the “shape of her present and future life.”
The law “forces a pregnant woman to forgo her reproductive choices and to instead serve as ‘an involuntary vessel entitled to no more respect than other forms of collectively owned property,’” Gleicher wrote, quoting constitutional scholar Lawrence Tribe.
She suspended the law in May with an injunction. Her latest decision applies to all state and local prosecutors in Michigan.
The lawsuit was filed by Planned Parenthood. Gleicher declined to pass the case to another judge, despite acknowledging that she has been a regular donor to the organization.
Gov. Gretchen Whitmer issued the following statement after the ruling came down:
“Today, the courts have ruled once again that Michigan women have the right to make medical decisions with their health care provider and those they trust. I have been fighting like hell to protect reproductive freedom in Michigan for months and am grateful for today’s lower court ruling declaring our extreme 1931 abortion law unconstitutional.
“However, this decision is likely to be challenged, and we know that there’s a group of extremists who will stop at nothing to ban abortion even in cases of rape and incest. With our rights still hanging by a thread, the Michigan Supreme Court needs to provide certainty and rule on my lawsuit to protect the right to abortion in the state constitution. I will keep using every tool in my toolbox to protect women, nurses, and doctors here in Michigan.
“While other states—and even some politicians in Lansing—take steps to control women’s bodies by defending extreme restrictions on abortion and health care, I will fight like hell for reproductive freedom. To those seeking freedom and bodily autonomy—whether you’re a young professional deciding where to begin your career or a mom trying to take care of the kids you already have, my message is simple: we respect women’s rights in Michigan. This is a home of opportunity and limitless possibility.”
Dr. Sarah Wallett, Chief Medical Operating Officer at Planned Parenthood of Michigan released the following statement:
"We are proud to have won this victory on behalf of Michigan abortion providers and the patients who depend on us for care. Today's Court of Claims ruling will ensure that Michiganders can continue to make deeply personal decision about their health, lives and futures without interference from state officials. I am grateful to every Michigander who has joined this fight and to every provider who has continued to serve patients during this period of chaos and uncertainty."
Alexis McGill Johnson, President and CEO of Planned Parenthood Federation of America added:
"This is a historic victory for patients and providers in Michigan who have been forced to live under the threat of an archaic criminal abortion ban since the U.S. Supreme Court overturn Roe v. Wade. By permanently blocking the 1931 law criminalizing abortion, Michigan's Court of Claims has protected the continuity of care that Michiganders have enjoyed for nearly half a century and ensured that no overzealous prosecutor can come between a patient, their provider and their healthcare. Planned Parenthood will never stop fighting for everyone's ability to access abortion and determine the course of their own lives and futures."
Bonsitu Kitaba, Deputy Legal Director for ACLU of Michigan said the following:
"Today's decision is a monumental victory for the people of Michigan. The court's permanent injunction ensures access to essential healthcare, especially for those in marginalized communities including the people who are often the most harmed by these archaic abortion bans. Blocking the harmful 1931 law provides stability for pregnant people and their right to make these deeply personal decisions themselves. [Wednesday's] ruling cements Michigan as a leader in reproductive freedom."
