In 1973, a historic U.S. Supreme Court case, Roe v. Wade, granted accessible rights for women to have legal abortions constitutionally. Now the controversial case is deemed at risk if it’s overturned for the roughly 25 million women and girls of reproductive age in America.
Gov. Gretchen Whitmer, however, took a recent stance on the matter of the rights of women in Michigan and their reproductive choices and access.
On Wednesday, April 7, Whitmer filed a lawsuit and used her executive authority to request that the Michigan Supreme Court immediately resolve whether Michigan’s Constitution protects the right to abortion, according to a press release. Described as a “nationwide assault on abortion,” Whitmer is seeking to give Michigan women the choice to abort their babies under constitutional rights established 49 years ago in Roe v. Wade.
“In the coming weeks, we will learn if the U.S. Supreme Court decides to overturn Roe v. Wade,” said Whitmer in a press release. “If Roe is overturned, abortion could become illegal in Michigan in nearly any circumstance—including in cases of rape and incest— and deprive Michigan women of the ability to make critical health care decisions for themselves. This is no longer theoretical: it is reality.”
The potential overturning of Roe v. Wade could prevent legal abortion for one-third of people ages 15–49, according to Planned Parenthood statistics.
The figures are based on populations in over 20 states that have a combination of pre-Roe v. Wade bans, “trigger bans,” which would automatically make abortion illegal if Roe falls, and/or legislatures with an established history of passing abortion restrictions, according to statistics.
Whitmer said that politics should not drive important medical decisions.
“A woman must be able to make her own medical decisions with the advice of a healthcare professional she trusts – politicians shouldn’t make that decision for her,” Whitmer continued. “Overturning Roe will criminalize abortion and impact nearly 2.2 million Michigan women. If a woman is forced to continue a pregnancy against her will, it can have devastating consequences, including keeping families in poverty and making it harder for women and families to make ends meet.”
The current version of Michigan’s law criminalizing abortion without exceptions for rape or incest was enacted in 1931. In 1973, the passage of Roe v. Wade rendered Michigan’s 1931 ban unconstitutional and abortion became legal in the state of Michigan.
Roe v. Wade might be overturned as the majority-conservative Supreme Court hears a case, Dobbs v. Jackson, that could overturn the abortion ruling and set a new beginning for pro-lifers.
According to a poll from January 2022, 67.3% of Michiganders support Roe, and 65.7% support repealing Michigan’s 1931 trigger ban on abortion. Over 77%, believe abortion should be a woman’s decision. A sizeable majority of Michiganders agree that abortion is a decision for a woman to make in consultation with a medical professional she trusts.
Lt. Gov. Garlin Gilchrist told the Michigan Chronicle that he is proud of Whitmer for taking action.
“That is a unique power of the governor of Michigan in this case (that) affirms … that women in Michigan have a constitutional right according to our state constitution,” Gilchrist said adding that access to abortion is necessary. “If that is what they deem is the right choice for them and to me …women have the power and legal authority to make these decisions.”
Gilchrist also said the choice to abort is often the “single biggest economic decision” a woman will make and removing that right is “hampering economic freedom.”
Pastor John Edward Duckworth of Gethsemane Missionary Baptist Church told the Michigan Chronicle that while he may not agree with abortion 100 percent, he acknowledges that people can make choices.
“My pro-life is totally different – I look at the total picture,” Duckworth said adding that he understands that many people get abortions because they are unable to financially care for their children.
He also feels that there is hypocrisy among people who are against abortion but also against the Black Lives Matter movement, and against government-funded programs and resources, like welfare, that help children after they are born.
“These individuals are just pro-birth,” he said. “They don’t give a care once born.”
According to the Centers for Disease Control and Prevention, in 2018 women in their 20s accounted for over half, 58 percent, of abortions, with the majority taking place before the 13-week mark and the overall number of abortions on the decline. From 2009 to 2018, the number of terminations fell by 22 percent and the rate declined by 24 percent.
Viability is at the center of the controversy. Medically slated to begin at roughly 24 weeks, viability determines the earliest moment a fetus could survive outside the womb. The Supreme Court began hearing the case in October with a decision expected by June 2022.
Michigan abortion providers and OB/GYNs also commend Whitmer’s actions to protect abortion access.
“Abortion is a necessary part of health care that every Michigander should be able to access,” said Dr. Michael Hertz, a northern Michigan OB/GYN. “We must do all we can here in Michigan to protect this access for the health and well-being of our patients. These actions are important to ensuring that abortion remains safe, legal, and available in Michigan.”
Seven Michigan prosecutors are also on board and pledged to protect a woman’s right to choose and released a joint statement on behalf of Kym L. Worthy Wayne County Prosecutor, Karen D. McDonald Oakland County Prosecutor, Carol A. Siemon Ingham County Prosecutor, Eli Savit Washtenaw County Prosecutor, David Leyton Genesee County Prosecutor, Prosecutor, Matthew J. Wiese Marquette County Prosecutor and Jeffrey S. Getting Kalamazoo County Prosecutor.
“Michigan’s anti-abortion statutes were written and passed in 1931. There were no women serving in the Michigan legislature. Those archaic statutes are unconstitutionally and dangerously vague, leaving open the potential for criminalizing doctors, nurses, anesthetists, health care providers, office receptionists – virtually anyone who either performs or assists in performing these medical procedures,” they stated. “We cannot and will not support criminalizing reproductive freedom or creating unsafe, untenable situations for health care providers and those who seek abortions in our communities. Instead, we will continue to dedicate our limited resources towards the prosecution of serious crimes and the pursuit of justice for all.”
Staff Writer Megan Kirk contributed to this report.
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