This essay is based on information from Michigan’s Governor Gretchen Whitmer, who recently signed the final piece of the Reproductive Health Act (RHA) into law to ensure that Michigan’s laws reflect its constitutional protections for abortion. As a physician (pathologist), I am pleased to have worked on these important efforts to improve medical care for women and girls, allowing us to do our jobs and not worry about being prosecuted or harassed for following the standard of care.
For decades, Michigan has had politically motivated, medically unnecessary restrictions on abortion in state law. These laws criminalized doctors for providing medical care, jacked up out-of-pocket costs for patients, and imposed needless regulations on health centers, forcing many to close, especially in Western and Northern Michigan. The RHA repeals these laws, taking a huge step forward to expand access to health care and protect people’s personal, constitutional freedoms.
Ten years ago today, I was in the Michigan Senate, fighting against an unconscionable anti-choice bill that would have forced Michiganders to pay extra for insurance every month just in case they were raped or had an unwanted pregnancy. Exactly ten years later, I am proud to be repealing that same bill as governor. I am proud that in just over 18 months, we have gone from the repeal of Roe v. Wade to expanding reproductive freedom in Michigan with the passage of Proposal 3 and the Reproductive Health Act.
Specifics of the law follow:
Reproductive Health Act
First, the RHA repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
Second, it repeals another outdated and extreme law from 1931 that would have criminalized nurses and doctors for prescribing medication abortions including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
Third, the RHA ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
Finally, the RHA repealed a law that banned private insurance companies from covering abortion. The law forced patients to buy a separate insurance rider for abortion, so-called “rape insurance.” Effectively, the law forced people to pay more out of pocket in case they were assaulted. Abortion should be covered just like any other form of health care and Michiganders should not have to pay more to get it as part of their comprehensive plans.
This package of bills did not repeal Michigan's 24 hour waiting period for those seeking abortions and its ban on Medicaid funding for the procedure. This failure was solely due to opposition by one Democratic legislator. If Michiganders elect more Democrats to the State legislature, these changes can be implemented. As noted below, not a single Republican legislator supported the Reproductive Health Act.
Michiganders who support the reproductive rights of women and girls may want to thank Governor Whitmer and your favorite Democratic State Representative or Senator. There are no Republicans to thank - this measure passed on straight party votes, 56-54 in the House and 20-18 in the Senate; i.e. they had no support from Republican legislators.
If you support the reproductive rights of women and girls but live in an anti-abortion state, you may want to:
Contact your state elected officials and urge them to emulate Michigan’s legislation, explaining your reasons why.
Support Democratic candidates in your state, since this is almost always a strictly partisan issue.
Consider moving to Michigan, where our government protects your rights. See also here.
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