When Michigan voters took to the polls in 2022, the majority of them approved a proposal to add the right to an abortion to the state’s constitution, effectively overriding a century-old abortion ban on the books.
But Michigan’s 1931 law criminalizing abortion care still technically remained active, though unenforceable, despite the constitutional change. Democratic state lawmakers attempted to repeal the abortion ban over the years, but met resistance from the then-Republican-led Legislature.
That 1931 law was no longer in effect as of 1973, when the Supreme Court issued a ruling in the landmark Roe v. Wade case, protecting a person’s right to an abortion. That court ruling superseded any laws across the nation that outright banned abortion access -- that is, until the high court overturned its Roe v. Wade ruling in 2022.
With Roe v. Wade overturned, Michigan’s 1931 abortion ban became enforceable once again. A number of lawsuits were quickly filed, though, and judges temporarily blocked the law from being enforced.
Before a final decision could be made in the courts, Michigan voters approved Proposal 3, enshrining access to abortion and reproductive health care into the state constitution and essentially declaring the 1931 law null.
Still, Democrats have decided to use their new majority in the state Legislature, combined with the executive office, to repeal the nearly century-old abortion ban for good.
On Wednesday, April 5, Michigan Gov. Gretchen Whitmer signed legislation into law that repeals the 1931 abortion ban, which made providing abortion care a felony. The legislation also eliminates penalties for advertising or publishing about abortion, or providing drugs for the purpose of procuring an abortion.
“Today, we are coming together to repeal the extreme 1931 law banning abortion without exceptions for rape or incest and criminalizing nurses and doctors for doing their jobs,” Whitmer said in a statement. “Standing up for people’s fundamental freedoms is the right thing to do and it’s also just good economics. By getting this done, we will help attract talent and business investment too.”
Michigan is one of 13 states that has protected access to abortions, according to the Center for Reproductive Rights. Ten states have “expanded access” to abortion care, while several other states have either not taken any steps to protect abortion access, or are actively trying to limit or eliminate such access.
You can see how abortion laws vary by state using the Center for Reproductive Rights’ map here.