(WWJ) Michigan's governor wants an old, unenforced law criminalizing abortion off the books.
On Tuesday, Gov. Gretchen Whitmer called on the state legislature to pass legislation repealing Michigan’s 1930s law, which the state notes is currently not in effect because of the 1973 U.S. Supreme Court decision in Roe v. Wade.
Whitmer said repealing the law would ensure that the right to choose — which she contends is supported by a "significant majority" of Michiganders — remains a right in Michigan, even in the face of continued, relentless attacks on Roe v. Wade.
“Recently, Texas passed a new, extreme anti-choice law that puts people’s lives at risk, and threatens healthcare workers. The insidious law essentially bans abortions, even in cases of rape or incest, and allows strangers to sue medical professionals or anyone who helps women get the comprehensive healthcare they need," said Whitmer, in a statement. "It is a gross violation of the constitutional right to choose, and the Court’s decision to allow it to stay in place sets the United States on a dangerous path towards overturning Roe v. Wade."
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“Unfortunately, there are more cases based on equally extreme state laws awaiting action in the Supreme Court that would completely overturn Roe v. Wade. If the court’s decision in the Texas case is any indication, a majority of justices are willing to throw out the constitutional right to choose that has been in place for 48 years and repeatedly upheld for decades," she added.
In short, the Texas statute prohibits abortion after the detection of a fetal heartbeat, which is around six weeks; when most women do not yet know they are pregnant. The novel law gives any person in Texas the right to file a lawsuit against someone who performs an abortion, or otherwise assists a woman in obtaining an abortion, and receive a bounty of up to $10,000.
Under the 1931 Michigan law, performing an abortion in the state a felony. The law reads as follows:
“Administering drugs, etc., with intent to procure miscarriage — Any person who shall willfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.” (Read the law HERE).
Whitmer asserts, however, that abortion is "safe and legal" in Michigan today, even with that "arcane law" still on the books "criminalizing healthcare providers who offer comprehensive care and essential reproductive services."
She called Michigan's old law "dangerous and outdated."
“I call on the legislature to send Senator Erika Geiss’ bill that repeals our nearly-century-old ban on abortion to my desk. I have always stood with those fighting for their right to choose, and I will not stop now. I will stand in the way of any bills that seek to strip away fundamental rights from women or get in the way of doctors’ ability to do their jobs," Whitmer said.
Those who support abortion rights say abortions cannot be stopped; that a woman unable to obtain a safe and legal abortion through a health care provider will resort to self harm, or dangerous, back-alley options.
Often citing Christian or other religious beliefs, anti-abortion activists on the other hand say all "life" — even that of an early-term fetus — is precious and must be protected, regardless of the circumstances.
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