Michigan lawmakers advance packages revoking 1931 trigger law

Michigan lawmakers in both the House and the Senate advanced pro-abortion packages last week, including bills that would repeal the state’s 1931 “trigger ban” on abortion.

As Michigan Live reported, the House advanced HB 4006, HB 4031, and HB 4032, while the Senate package included SB 2, SB 37, SB 38, SB 39, and SB 93.

Provisions in both the House and Senate packages would effectively repeal the state’s 1931 protections for preborn children from abortion, including bills that would:

• Repeal the misdemeanor charge for someone who publishes or sells a publication containing a “how-to” for DIY abortion
• Repeal the felony charge for “giving a pregnant woman a medicine, drug or substance with the intent to procure a misdemeanor”
• Delete the sentencing in association with these crimes
• Repeal the part of the Michigan Penal Code that carries a misdemeanor charge for anyone who “advertises, publishes or sells and pills, powder, drugs used for an abortion,” outside of a prescription given by a doctor

Within the legislative packages, abortion advocates are primarily attempting to overturn the state’s 1931 state law, which criminalizes committing abortions. Though that law should have taken effect following the Supreme Court’s overturn of Roe v. Wade, it was blocked by the courts last year. In November, Michigan voters approved Proposal 3, a constitutional amendment which states that citizens have “a fundamental right to reproductive freedom,” but it doesn’t repeal the 1931 law. Abortion supporters now argue that the 1931 law offering preborn protections needs to be withdrawn in order to ensure that no more pro-life laws pass.

“All the people in the legislature in 1931 were a bunch of men making decisions about what is understood as being women’s reproductive health care,” said Sen. Erika Geiss, sponsor of two of the bills. “Today, we understand that everyone needs access to whatever reproductive health care they need, and so we are taking that corrective action.”

“We have seen what happens when things that are unconstitutional are not repealed,” said Rep. Laurie Pohutsky, sponsor of one of the House bills. “Prop 3 provided us the constitutional right to reproductive freedom, and that includes abortion access, but that doesn’t mean we should let these zombie laws just sit on the books. We need to repeal them, and the people of the state of Michigan made it very clear that they want us to.”

Many pro-life supporters testified against the bills, including Right to Life of Michigan’s legislative director, Genevieve Marnon. Marnon spoke against the law, which would allow non-licensed providers to sell abortion pills.

“The laws do not prevent doctors from prescribing abortion pills. They simply prevent unlicensed and dangerous pills from being sold or advertised in the state,” Marnon said. “Repealing these laws has nothing to do with Prop 3 and instead may lead to a dangerous situation.”

“Proposal 3 clearly states that ‘the state may regulate the provision of abortion care after fetal viability.’ The 1931 abortion law is the only abortion statute that currently regulates post-viable abortions,” said Barbara Listing, President of Right -to Life of Michigan. “This is an issue that transcends party politics and traditional divisions among pro-lifers and pro-abortion activists. It is in the state’s interest to protect both women and viable unborn children in the final stages of pregnancy.”

The legislative packages will now be swapped between the two bodies for further consideration.

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