Michigan House repeals 1931 abortion ban following passage of Proposal 3

Arpan Lobo
Detroit Free Press
March 2, 2023

The Michigan House of Representatives on Thursday moved to repeal Michigan's 1931 ban on abortion, which remains on the books even though it was rendered unenforceable when the state's voters overwhelmingly approved Proposal 3 to enshrine the right to an abortion in the constitution. Representatives voted 50-38 to remove the laws from Michigan's books, with two Republican lawmakers — state Reps. Thomas Kuhn, R-Troy, and Donni Steele, R-Orion Twp. —-joining Democrats in voting in favor of the repeal.

What's in the bills?

The two bills passed Thursday repeal the 1931 Michigan law which made abortion illegal in Michigan, with the exception to save the life of the pregnant person. The law was rendered unconstitutional after the passage of Proposal 3 in November.

House Bill 4006 repeals the 1931 law, which states it's illegal for any individual, mainly doctors, to assist with an abortion. House Bill 4032 repeals related sections of the Michigan Penal Code.

The 1931 law hasn't been enforced for years. It was rendered unenforceable under Roe v. Wade, the U.S. Supreme Court case that determined a national constitutional right to abortion access. But when the court overturned Roe in June, abortion access in Michigan was thrown into question, leading to a series of lawsuits to keep abortion legal until Proposal 3's passage.

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Thank you, Michigan Democrats! Promises made; promises kept.