Restrictions

Michigan law permits the regulation of abortion after viability, with an exception to protect the pregnant person’s life or physical or mental health.^[1]H.B. 4949, 102^nd Leg., Reg. Sess. (Mi. 2023). Health care providers can determine whether an abortion after viability is medically indicated based on factors relevant to the pregnant person’s well-being, including their age and physical, emotional, psychological, and family considerations.^[2]Id..

In June 2024, the Michigan Court of Claims enjoined the mandatory twenty-four-hour waiting period and the physician only law.^[3]Mich. Comp. Laws § 333.17015. See Northland Family Planning v. Att’y Gen. of Michigan, No. 24-000011-MM (Mich. Ct. Cl. June 25, 2024) Michigan limits public funding for abortion care.^[4]Id. § 400.109a. Michigan law generally requires that a parent, legal guardian,^[5]MICH. COMP. LAWS § 722.903. or judge^[6]Id. § 722.904. consent to a minor’s abortion. Providers who violate Michigan’s abortion restrictions may face civil and criminal penalties.^[7]See, e.g., id. § 722.907.

State Protections

On November 8, 2022, voters in Michigan approved a constitutional amendment that enshrined reproductive freedom in the state constitution.^[8]Repro. Freedom for All, https://mireproductivefreedom.org/ (last visited Oct. 6, 2022). Lindsay Whitehurst, Abortion rights protected in Michigan, California, Vermont, AP News (Nov. 9, 2022). … Continue reading It went into effect 45 days later.^[9]MI CONST Art. 12, § 2. In December 2022, the governor directed the state government to identify ways to protect abortion access, including refusing to cooperate with other states that try to investigate or prosecute patients.^[10]Exec. Dir. No. 2022-13 (Dec. 14, 2022).

The Governor of Michigan has issued executive orders that prohibit executive branch departments and agencies with enforcement responsibilities from providing assistance or cooperating with out-of-state investigations,^[11]Mich. Exec. Order No. 2022-5 (May 25, 2022) https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/05/25/ed-2022-5-reproductive-rights-in-michigan. as well as a prohibition on the Office of the Governor from enforcing extraditions that arise from the provision of reproductive health care that is provided legally.^[12]Mich. Exec. Order No. 2022-4 (Jul. 13, 2022) https://www.michigan.gov/whitmer/news/state-orders-and-directives/2022/07/13/executive-order-2022-4-unavailability-of-interstate-extradition. As of 2023, discrimination based on pregnancy termination is prohibited in employment, housing, public accommodations, and education.^[13]S.B. 147, 102nd Leg., Reg. Sess. (Mi. 2023).

As of 2024, Michigan law includes state statutory protection for abortion as a fundamental right.^[14]H.B. 4949, 102^nd Leg., Reg. Sess. (Mi. 2023). It states, in part:

Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including, but not limited to, prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means. The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including, but not limited to, miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.^[15]Id.

Michigan protects clinic safety by prohibiting trespassing and harassment.^[16]MICH. COMP. LAWS § 333.20198(1).

Post-Roe Prohibitions

In April 2023, Michigan repealed its 1931 pre-Roe ban, ^[17]H.B. 4006, 102nd Leg., Reg. Sess. (Mi. 2023), repealing §§ 750.14-15; S.B. 2, 102nd Leg., Reg. Sess. (M.I. 2023), repealing § 750.40. See also Mich. Comp. Laws § 750.323. People v. Bricker is the … Continue reading which had been permanently enjoined as unconstitutional.^[18]Planned Parenthood of Mich. et. al. v. Att’y Gen. of Michigan, No. 22-00044-MM (Mich. Ct. Cl. Sep. 7, 2022)(finding that the ban violates the rights of bodily autonomy and personal autonomy … Continue reading

Conclusion

Now that the Supreme Court has overturned Roe, Michiganders have approved Prop 3, which enshrines reproductive freedom in the Michigan constitution.