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Change Your World Week Fall 2021 (Archived)

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Michigan Abortion Laws

The Problem

Since 1931, Michigan’s law has banned the termination of a pregnancy. Recently, Governor Gretchen Whitmer has be proactively seeking to pass a bill repealing the Act 328 of 1931 criminalizing abortion. This law has been altered over the years, for example, a woman is able to get an abortion up to twenty-four weeks into a pregnancy, nonetheless, women are still restricted within their constitutional rights, and it is difficult to access the resources to do so. This law banning abortion in Michigan has been in place longer than the United States Supreme Court Case of Roe v. Wade of 1973. Clearly, the law of 1931 criminalizing abortion is sorely outdated and requires in depth analyzation.

            Additionally, on May 17th, the United Sates supreme court agreed to hear the case of Mississippi’s ban on abortion. This hearing is a direct opposition towards the supreme court case of Roe v. WadeRoe v. Wade was a milestone decision made by the United State's Supreme Court ruling any state law involving banning abortions to women was unconstitutional. For close to fifty years the right to an abortion has been protected under the United States constitution and taking this case shows that this right is in troubling waters.

What does restricting access to abortions mean to MI women?

Women choose to have abortions for many different reasons. Financial hardships, failed birth control, domestic violence situations, fetal or maternal health, and rape are just a few reasons why women make that choice. It is important that women have access to safe procedures done by medical professionals. Making abortions illegal doesn’t stop them from happening. The rate of deaths caused by obtaining abortion has dramatically decreased since Roe v. wade. Reproductive rights are healthcare. It is a human right to be able to choose what is  for your body. This isn’t an issue that should be decided by our government but should be protected by it.

New laws across the country are threating safe access to abortion care. The time to act is now!

 

Opposing Arguments

Since the beginning of the decade, abortion laws have been an intense and widely fought battle between opposing sides. One side calls themselves “pro-choice,” where they believe abortion is completely up to the woman carrying the baby. On the other side, however, is called “pro-life” or also known by the anti-abortion movements that have been carried across the states. Pro-life is the movement of those who are opposed to abortion. Most believe that a child is a gift from their God and that it should not be up to the woman to have the choice of whether or not to give birth. This stance, however, allows for power to be taken away from women, for women to endure great traumas, and for children to be brought into unstable homes. Many of the women who get abortions are too financially unstable to care for a child, too young, have been assaulted, will have birth complications, or are simply not ready for the large responsibility of having a child. Being pro-life means that both the mother and the child could have difficult upbringings and serious physiological traumas.

Stance on Abortion – Pro-Life or Pro-Choice - VA.org

While talking about alternative perspectives, we must also understand the party's placements on this issue. Politically, abortion has been a stronger voting issue for Republicans than for Democrats. When talking about who may be opposed to abortion and who may be for it, or who may be pro-life and who may be pro-choice, many times we can look to a person's political party affiliation. Both parties have very different and very polarizing views on abortion, so when we are making our issue on abortion, we must be wary that we are making it to those from democratic backgrounds that are pro-choice. 

New abortion laws are too extreme for most Americans, poll shows | PBS  NewsHour

 

 

Who Are the Players

Abortion affects women all across the globe, at different income levels, races, ethnicities, and ages. Here are some of the people this abortion law being passed in Michigan will endanger: 

  1. Low poverty areas and low income families
  2. Victims of incest and/or rape
  3. Women not financially stable enough to care for a child
  4. Women not mentally and physically ready for a child
  5. Women with health concerns

The list can carry on. So, how can we change these laws for the betterment of the women in our lives? We can ask those in charge of our laws and demand they give their people the security and help they need. Here is a list of who we can go to for policy changes: 

  1. Governor of your state
  2. Officers of the Senate in your state
  3. Officers of the House of Representatives in your state
  4. Protest groups 
  5. Mayors and local officials

With our voices, we can do many things, so let's use them for the betterment of those around us!

ACLU Statement on Defending Abortion Rights in Response to Dangerous  Pending Ballot Initiative | ACLU of Michigan

 

The Policy Solution

Brief History

 THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 makes performing an abortion in Michigan illegal. Back then, most states had bans on abortions as a way to protect the mothers as the procedures were very dangerous. Even as technology advanced, abortions in Michigan remained illegal until 1973. In 1973, in the case of Roe v.Wade, the Supreme Court ruled that under the 14th Amendment, the “right to Privacy” protects a woman’s right to choose whether or not to have an abortion. This decision overrode state laws and made abortion legal nationwide. 

Roe v. Wade

The court made the following decisions designed to balance a woman's right to privacy and the state's interest in protecting pre-natal life:

  1. Women have the right to abort pre-viability without undue interference from the state (1st Trimester)
  2. The state may restrict abortion post-viability (2nd Trimester)
  3. The state has a legitimate interest in protecting woman’s health and life of the fetus (3rd Trimester)

Why does the MI law matter now if abortion is legal in the United States?

Currently laws in states such as Texas and Mississippi could either weaken or potentially overturn Roe v. Wade. The Texas law allows for private individuals to sue anyone providing abortion services or aiding a woman in receiving an abortion after 6 weeks gestation, well before many women find out they are pregnant, making the Texas law one of the most restrictive in the country. In the Mississippi case, Dobbs v. Jackson Women's Health Organization, set to be heard by the supreme court on December 1, 2021, directly challenges the precedent set by Roe.

What does the mean for Michigan?

If the case is overturned, laws will be left up to the states, and the 1931 Michigan ban on abortion will come into effect. Access to legal and safe abortions in Michigan may be compromised. A repeal of this law would prevent women from not having access to the reproductive health care that they need and deserve.

 

 

If the U.S. Supreme Court overturns or guts Roe v. Wade, 26 states are certain or likely to ban abortion

Taking Action

Consider writing a letter to your state legislators asking them to repeal THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931. You can find your state legislators here: michigan.gov/sos

A sample letter is provided below.

Michigan Legislature - Wikipedia

What Do You Think?

Do you agree Michigan should repeal its 1931 law banning abortion?
Yes: 5 votes (83.33%)
No: 1 votes (16.67%)
Total Votes: 6

Sources

Works Cited

Prasad, Ritu, and Franz Strasser. “The US Abortion Battle Explained in Three Minutes - YouTube.” YouTube,Com, BBC News, 2019, https://www.youtube.com/watch?v=sunuE_iogf4.

“Abortion - Legislature.mi.gov.” Http://Www.legislature.mi.gov/, https://www.legislature.mi.gov/documents/mcl/pdf/mcl-328-1931-III.pdf.

Boucher, Dave. “Whitmer Keeps Bashing Michigan Abortion Law, but Has Little Power to Change It.” Detroit Free Press, Detroit Free Press, 1 Oct. 2021, https://www.freep.com/story/news/politics/2021/10/01/michigan-abortion-law-whitmer-roe-wade/5945434001/.

Guttmacher Institute, http://www.guttmacher.org/.

“Key Facts on Abortion.” Amnesty International, 20 Apr. 2021, http://www.amnesty.org/en/what-we-do/sexual-and-reproductive-rights/abortion-facts/.

Parenthood, Planned. “Abortion.” Planned Parenthood Action Fund, http://www.plannedparenthoodaction.org/issues/abortion.

“Reproductive Freedom.” American Civil Liberties Union, http://www.aclu.org/issues/reproductive-freedom.

Temme, Laura. “Roe v. Wade Case Summary: What You Need To Know.” Findlaw, 2021, https://supreme.findlaw.com/supreme-court-insights/roe-v--wade-case-summary--what-you-need-to-know.html.

“Secretary of State.” SOS - Michigan Secretary of State, https://www.michigan.gov/sos.