Michigan Proposal 3: abortion on the ballot

DETROIT (FOX 2) - After the overturning of Roe v. Wade by the United States Supreme Court, Michigan found itself at a crossroads: a 1931 law was still in place that banned abortion in the state. However, it had been dormant due to the superseding Roe v. Wade law. In the months leading up to the reversal, Michigan lawmakers pushed to keep abortion legal in the state - and have won out so far. But Proposal 3 will make the decision final.

The proposed amendment would overrule the prevailing 1931 law in Michigan that outlaws abortion without exception for rape or incest. Under that ban, providing non-life-saving abortions is prosecuted as manslaughter.

When voters make their voices heard in November, they'll see three proposals: Proposal 1 would shorten term limits and require financial disclosures from state-elected officials. Proposal 2 is makes changes to future elections. But Proposal 3 is getting the most attention across the state.

The polarizing battle over Michigan’s abortion rights has intensified since the US Supreme Court overturned Roe versus Wade in June.

It’s involved a lawsuit from Governor Gretchen Whitmer and a court battle to keep abortions legal.

There was also a controversial decision by two Republican board of canvassers, who refused to certify a petition with more than 600,000 valid signatures to put Proposal 3 on the ballot.

That decision was eventually reversed.

What does Proposal 3 say?

When you get your ballot and fill out, you'll come to the proposals section. We've already reviewed proposal 1 but the third one down has a lot more changes.

Proposal 22-3 reads as follows.

Proposal 22-3 A Proposal To Amend The State Constitution To Establish New Individual Right To Reproductive Freedom, Including Right To Make All Decisions About Pregnancy And Abortion; Allow State To Regulate Abortion In Some Cases; And Forbid Prosecution Of Individuals Exercising Established Right

This proposed constitutional amendment would:

Establish new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility;
Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health;
Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment;
Invalidate state laws conflicting with this amendment.

Should this proposal be adopted?

You can either then vote yes or no.

Explaining Proposals 1, 2 and 3 on ballot; Is EV push ill-advised?

In part one we break down what each Proposal on the ballot means for the Nov. 8 election. In part two we'll look at the electric vehicle push and whether it is too much, too soon.

What would change if Proposal 3 is passed?

Of the three proposals, Proposal 3 is getting by far the most attention from both sides of the political aisle. It would give the right to decide on prenatal care, childbirth, postpartum care, infertility, and other decisions to the patient.

It would also legalize abortion and invalidate the previous laws that conflict with it. Meaning the 1931 law that banned abortion would be wiped from the state law.

Proposal 3 is the Michigan Abortion Amendment. A "yes" vote would keep abortion legal and strike down the state’s 1931 law.

What do supporters of Proposal 3 say?

Supporters of the proposal argue that residents need to continue to have the rights that have been in place for the state for the past 50 years.

Planned Parenthood, Washtenaw County Prosecutor Eli Savit, and some religious leaders are backing it, including Rev. Dr. Roland Stringfellow, the senior pastor at the Metropolitan Community Church of Detroit.

"We believe in reproductive justice, to allow individuals the right to choose," said Rev. Dr. Stringfellow. "Women should have the right to make those decisions for themselves."

Groups like the Michigan section of the American College of Obstetricians and Gynecologists, the Committee to Protect Health Care, the Society for Maternal-Fetal Medicine, and others are concerned about what they've already seen happening in the neighboring states of Ohio, Wisconsin, and Indiana, where abortion has been severely restricted or banned.

Dr. Timothy Johnson has been treating pregnant women facing challenges and said the overturning of Roe v. Wade hurts the patients.

"We've seen women delayed care for miscarriage, delayed care for ectopic pregnancy, delayed care for high-risk pregnancies," Johnson said. "Lots of questions, lots of ambiguity, and I don't think we need that in Michigan."

What do opponents of Proposal 3 say?

Not all communities of faith are backing the issue. St. Paul on the Lake Catholic Church in Grosse Pointe Farms has put up a very large anti-abortion display.

"The Catholic Church's stance on abortion hasn't changed," said Father Mario Amore, at St Aloysius Parish. "This understanding that every life is precious, and every life is deserving of that love and dignity, that's due to us."

The Michigan Catholic Conference and Right to Life Michigan have been paying for commercials calling the proposal extreme. These ads claim it would allow for unregulated abortions during all nine months of pregnancy.

More recently, an ad by Citizens to Support Michigan Women and Children claims the proposal goes beyond women's productive health and suggests that, if it passes, children can receive gender change therapy without parental consent. The argument is because of the use of the word ‘sterilization’ and was not defined as being just for adults.

Savit said that's not on the ballot at all.

"Nothing, nothing at all in the amendment text has anything to do with gender-affirming care, transgender youth, anything like that at all," he said. "It covers matters related to pregnancy, full stop."