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Michigan Legislature Approves Legal Birth Definition Act; Bill To Become Law Despite Governor's Earlier Veto
(Kaisernetwork www.kaisernetwork.org) The Michigan Legislature on Wednesday approved a bill (SB 395) that will legally define birth as the first moment that any part of a fetus is outside a woman's body and is showing signs of life, overriding Gov. Jennifer Granholm's (D) veto of the measure, the Detroit Free Press reports. The state House and Senate voted 74-28 to 23-12, respectively, in favor the bill, according to the Free Press (Bell, Detroit Free Press, 6/10).
The measure includes language that will allow doctors to favor the health of a woman having a miscarriage over that of a fetus that potentially could not survive on its own. The measure also will ban so-called "partial-birth" abortion because it declares that constitutionally protected rights begin when any part of a fetus is outside a woman's body. Granholm vetoed the measure in October 2003, saying that the bill does not contain a clear exception to protect the health of a pregnant woman. However, Right to Life of Michigan and the Michigan Catholic Conference in January launched the Standing Together to Oppose Partial-Birth Abortion Coalition to override Granholm's veto and bring the issue back to the Legislature. The group collected 191,000 more than the 254,206 voter signatures necessary, and the measure returned to the Legislature last week (Kaiser Daily Reproductive Health Report, 6/1). The law is scheduled to take effect in March 2005, the Detroit News reports (Heinlein/Cain, Detroit News, 6/10).
Reaction
The American Civil Liberties Union and several abortion-rights groups plan to challenge the law in court before it takes effect, the AP/Lansing State Journal reports (AP/Lansing State Journal, 6/10). Planned Parenthood Affiliates of Michigan President Sue Wagner said that her group will join ACLU and the Center for Reproductive Rights in challenging the law, according to the News. Liz Boyd, Granholm's press secretary, said, "Any legal challenge will be upheld by the courts because it doesn't contain a true exception for the health and life of the" pregnant woman (Detroit News, 6/10).
Kristen Hemker, associate for public policy for the Michigan Catholic Conference, said that MCC "applauds those in both chambers of the Legislature who stood steadfast ... by protecting human life from an abortion procedure that is nothing less than an atrocity," adding, "The extent of citizen participation coupled with the Legislature's repeated approval of the [bill] magnifies the disturbing veto and its disregard for the sanctity of human life" (MCC release, 6/9).
Source: Kaisernetwork
Publish Date: June 10, 2004
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