This guest post is from Briana Dame, Michigan Native, Regent Law 2L and current Family Law student:
While states around the country are passing anti-abortion laws, Michigan already has an incredibly restrictive abortion law in place dating back to 1931 making abortions a felony. The law does protect abortions in life of the mother situations. It does not, however, allow for abortion in rape and incest cases. If Roe is overturned, the law could go into effect, severely restricting abortions.
However,
Michigan’s governor, Gretchen Whitmer, is attempting to completely eradicate
this law protecting life. Governor
Whitmer filed a lawsuit arguing that the Michigan law violates both the Due
Process and Equal Protection clauses in the Michigan Constitution and pleads
for the Michigan Supreme Court to declare a constitutional right to abortion. What
she calls a “bold but necessary” move on Twitter, is an alarming disregard for Michigan’s
most vulnerable members of society, the unborn. In
a statement made on April 7th 2022, Governor Whitmer said: “No
matter what happens to Roe, I am going to fight like hell and use all
the tools I have as governor to ensure reproductive freedom is a right for all
women in Michigan. If the U.S. Supreme Court refuses to protect the
constitutional right to an abortion, the Michigan Supreme Court should step
in.”
Equally
alarming is the fact that Michigan’s
Attorney General is refusing to defend Michigan’s law. Attorney General, Dana
Nessel, stated: “Abortion care is an essential component of women’s health
care. As this state’s top law enforcement officer. . . I will not prosecute
women or their doctors for a personal medical decision.” Despite being the “state’s
top law enforcement officer,” the Michigan Attorney General is
indicating she is unwilling to enforce this law she does not personally agree
with.
Michigan
needs prayers, desperately. While abortion is certainly a sensitive issue, it
is important for us to remember the sanctity of all human life, born and
unborn. As a born and raised Michigander, my heart breaks for what is happening
in my home state. The lawsuit is a blatant disregard for the best interests of
unborn Michigander children. My hope and prayer as a future lawyer is that the
Michigan Supreme Court realizes the profound importance of respecting the
dignity of human life at all stages.
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