Michigan legislature votes to repeal 1931 state abortion ban

Michigan’s Democratic-majority legislature has voted to repeal a state abortion ban from 1931, sending the bill to Gov. Gretchen Whitmer’s (D) desk for a signature.

The Michigan state Senate approved a bill on Wednesday to overturn the law, which made it a felony punishable by up to four years in prison to provide an abortion to a woman unless her life was in danger. The vote fell largely along party lines, as it did when it passed the state House last week.

The 1931 law remained unenforced for decades after the Supreme Court established a federal right to abortion with Roe v. Wade in 1973. However, after the high court overturned Roe last June, confusion abounded about whether the state law was in effect.

A Michigan judge ruled in September that the ban violated the state’s constitution and was unenforceable, and voters enshrined abortion rights in the Michigan constitution with a ballot initiative in November.

Michigan Attorney General Dana Nessel (D) touted the passage of Wednesday’s bill repealing the “antiquated law” as “a victory for millions of Michigan residents who, like myself, value bodily integrity and personal freedom.”

“I am grateful that our legislators are listening to the will of the voters who passed Proposition 3 this past fall with overwhelming support,” Nessel said of the ballot initiative passed by voters in November.

“The people of this state can rest assured that their elected officials will not sit idly by in the wake of Roe v. Wade being overturned and will fight to ensure that residents’ health, safety, and wellbeing is safeguarded from harmful legislation,” she added.

Opponents criticized the Michigan legislature’s move, characterizing it as part of a “radical agenda.”

“Today’s reckless vote takes us down an increasingly dangerous path, and Michiganders are watching,” Barbara Listing, president of Right to Life of Michigan, said in a statement. “This sweeping removal of common-sense health and safety protections that have been in place for decades further demonstrates the radical proabortion stance to which the majority of our elected officials have come to subscribe. This position puts viable human life and women’s health second to an increasingly radical agenda that knows no boundaries.”