Gretchen Whitmer repeals Michigan abortion ban from 1931
Rachel Schilke
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Gov. Gretchen Whitmer (D-MI) repealed a nearly century-old law that banned abortion in Michigan on Wednesday.
Whitmer rolled back the 1931 law that banned abortion with no exceptions for rape or incest. The law also advocated the prosecution of reproductive care providers.
MICHIGAN JUDGE STRIKES DOWN 1931 LAW BANNING ABORTIONS
“Today, we’re going to take action to ensure that our statutes, our laws reflect our values and our constitution,” Whitmer said during the signing ceremony, according to the Hill. “This is a long overdue step, and it proves that when we keep fighting to protect everyone’s ability to make their own decisions about their bodies, we can win.”
While the law remained unenforced due to Roe v. Wade, the Supreme Court’s overturning of national protections for abortion in June would have allowed the Michigan law to go into effect. Michigan’s law was enacted in 1931, 42 years before Roe v. Wade was established.
“This is not a trigger law; this is a zombie law. This predates Roe, and it’s a threat of coming back to haunt us all,” Whitmer said of the now-repealed law. “Who wants to watch me slay a zombie?”
Michigan already took steps to protect abortion access in the state shortly after Roe v. Wade was overturned. In September 2022, a Michigan judge ruled that the 1931 law was unconstitutional and, therefore, unenforceable. Judge Elizabeth Gleicher pointed to 50 years of reproductive freedom. She said the 1931 law would “force pregnant women to forgo control of the integrity of their own bodies, regardless of the effect on their health and lives.”
In November, during the 2022 midterm elections, Michigan voters enshrined a right to abortion in the state constitution with a ballot initiative. While the initiative made the 1931 law essentially void, Whitmer and the Democratic-controlled Legislature wanted to repeal the law anyway.
The Michigan House voted 58-50 last month in favor of repeal, with two Republicans joining. The Michigan Senate subsequently passed support of the repeal a few days later.
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On the other side of the aisle, the Florida Senate recently passed a six-week ban on abortions. The bill went to the House, where it is likely to pass. It will then go to Gov. Ron DeSantis (R-FL), who made previous comments that he would sign it.
Florida would join Georgia as the two states with a six-week ban if signed into law. Several other states have bans spanning from 15 to 22 weeks, but some bans are being blocked or challenged in court.