A sign at the Michigan Pride rally in Lansing on June 26, 2022. | Photo by Laina G. Stebbins
During the 2022 election, Michigan voters approved a measure enshrining abortion rights and protections for reproductive freedom within the state Constitution, offering residents a safeguard in the wake of the federal Supreme Court’s decision to strike down Roe v. Wade, leaving abortion regulation to the states.
While proponents of reproductive freedom celebrated the proposal’s success and the subsequent repeal of the state’s abortion ban, several anti-abortion advocates filed a case in federal court, arguing the amendment to the state constitution violated several provisions of the federal charter.
However, that challenge was dismissed on Tuesday by Judge Paul Maloney of the U.S. District Court Western District of Michigan’s Southern Division.
The plaintiffs – which include Right to Life of Michigan, state Reps. Gina Johnsen (R-Portland) and Luke Meerman (R-Coopersville) and state Sen. Joseph Bellino (R-Monroe) among other abortion opponents – argued the measure reduces legal protections for women, deprives parents of the ability to make decisions about medical treatment for their children and burdens the free exercise of religion, violating the First Amendment and the 14th Amendment of the U.S. Constitution.
This ruling is a reminder that our Constitution and the will of Michigan voters cannot be struck down because anti-abortion individuals don’t like the outcome.
– Michigan Attorney General Dana Nessel
However, Maloney agreed with a motion filed on behalf of Michigan Gov. Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson – who were sued in their official capacity – and dismissed the case, determining the plaintiffs lacked standing to bring the case.
“Medical decisions belong to individuals and their doctors, not politicians and special interest groups,” Nessel said in a statement. “This ruling is a reminder that our Constitution and the will of Michigan voters cannot be struck down because anti-abortion individuals don’t like the outcome. My office will continue to defend Michiganders against attempts to roll back their rights and protect bodily autonomy.”
In light of the decision, Amber Roseboom, president of Right to Life of Michigan, said in a statement that the organization is focused on the road ahead.
“That means ensuring each and every woman facing an unplanned pregnancy in Michigan has the care and support she needs to make a choice for life for her unborn child if she would like to do so,” Roseboom said. “That means doing all we can to support couples looking to grow their families by removing economic barriers.”
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