Michigan's 1931 abortion ban is unconstitutional, Court of Claims rules

DETROIT (FOX 2) - A law from 1931 banning abortion in Michigan is unconstitutional, the state Court of Claims ruled Wednesday.

The ban that outlaws abortion without exception for rape or incest cannot be enforced, according to the court.

According to the ruling, "The abortion ban is ‘unconstitutional because its enforcement would deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law.’"

Dr. Sarah Wallett, the CEO of Planned Parenthood of Michigan celebrated the ruling.

"It feels incredible to have this victory right now," she said. "To hear a judge say that this is a fundamental right that people should have, that that law's unconstitutional,  that people have the right to bodily integrity, they have the right to make decisions about their own bodies - it's so important, it's so big."

This ruling comes as the Michigan Supreme Court is currently deciding if abortion rights should appear on the November ballot.

Read: Election board rejects vote on petition that would legalize abortion

The Board of State Canvassers deadlocked 2-2 when deciding whether a petition to put abortion legalization on the ballot should be approved.

Republicans on the board rejected the petition over errors in the language that was used - primarily over dozens of spaces that were left out in the language. Democrats on the board argued its members had no authority to base their decision on the content of the petition.

As of now, abortion is legal in the state after Oakland County Judge Jacob James Cunningham upheld an injunction on the state's ban on the procedure last month.

The injunction first went into place in May when Judge Elizabeth Gleicher suspended the law over Planned Parenthood's "substantial likelihood" of winning the case.

The Michigan Court of Appeals overturned that injunction, which would have allowed county prosecutors to enforce the ban, had Cunningham not upheld the injunction.

Cunningham said his injunction is indefinite.

Despite the court ruling Wednesday, Right to Life Michigan voes to keep fighting abortions.

"Stay tuned – there's a lot of moving parts going on with regard to the abortion decision. Unfortunately, abortions are still happening every day in the state of Michigan," said Genevieve Marnon, the legislative director for Right to Life of Michigan.