November 14, 2023

Right to Life of Michigan Files Lawsuit Challenging Michigan Right to Abortion

On November 8, the first anniversary of a Michigan constitutional amendment creating a right to abortion in the state, Right to Life of Michigan (RLM) announced that a coalition of pro-life advocates filed a lawsuit challenging the amendment.

“Earlier this morning, a federal civil rights lawsuit was filed challenging the constitutionality of central elements of Proposal 3,” said Barbara Listing, President of RLM. “The provisions asserted to be unconstitutional under federal law threaten legal protections for pregnant women seeking healthcare, the rights of physicians to care for patients, and the rights of parents already under attack on many fronts. At issue is also the sweeping disenfranchisement both of Michigan voters and of the authority of the legislature in the days and years ahead.

American Freedom Law Center and co-counsel Great Lakes Justice Center filed the complaint on behalf of the coalition, which includes pro-life physicians, legislators, parents, and a pregnancy resource center.

The lawsuit asserts that Michigan's pro-abortion constitutional amendment violates the US Constitution on several grounds:

1. It violates the Fourteenth Amendment by exempting pregnant women from protections afforded to other classes.

2. It violates the Fourteenth Amendment by depriving parents of the right to be involved in their minor children's decisions regarding reproduction.

3. It violates the First Amendment by overriding religious objections to endorsing, providing, or supporting procedures involving "reproduction.

4. It violates the Fourteenth Amendment by depriving preborn babies, babies born during failed abortions, and partially born babies of the right to life without due process.

5. It violates the US Constitution's Guarantee Clause by creating a super-right to "reproductive freedom" immune from legislative action. The coalition argues that this interferes with citizens' right to a republican form of government.