by Diane Janusch-Johnson, Vice President, Tri-Cities RTL, July 6, 2019
Which should I sign?!? A Heartbeat Bill or a bill to ban dismemberment abortion procedures?
Abortion is in the news every day as states legally challenge the Roe v. Wade U.S. Supreme Court decision of 1973.
Conservative states are attempting to pass laws they hope will make the U.S. Supreme Court challenge Roe v. Wade. Liberal states are passing laws to repeal as many abortion restrictions as possible fearing that the SCOTUS will return the abortion issue to the states.
Roe v. Wade became law on January 22, 1973. This federal law superseded any states’ rights prohibiting women from using abortion to end their pregnancy at any time during gestation– from conception to birth.
Roe v. Wade not only made abortion legal in all 50 states, for any reason right up until birth, but it currently also blocks States’ significant abortion bans from going into effect.
Some facts about the State of Michigan ban on abortion:
- We are one of only 8 states that has a pre-Roe ban on abortion. Our law has been in place since 1846 (MCL 750.14). It already bans abortions before and after a heartbeat is detected.
- Michigan Supreme Court confirmed that it is the policy of the State of Michigan to prohibit abortion except to save the life of the mother and that our existing ban is constitutional but is constrained by the federal Roe v. Wade. So, technically, Michigan already has a “heartbeat ban”.
- The reason our complete ban is upheld is because of the Michigan Supreme Court decision which stated our law is allowable even under the constraints of Roe vs. Wade and is fully enforceable to that extent.
- The ban on partial-birth abortion was upheld by the U.S. Supreme Court because it does not ban abortion, in general, it bans a certain type. The State of Michigan approved the Partial-birth abortion procedure in 2011.
Why not a Heartbeat bill? A Heartbeat abortion ban would make it illegal for abortion after the heartbeat of a baby is detected. This ban would leave unborn babies vulnerable to abortion in the first 6 to 8 weeks of gestation or until a heartbeat can be detected. This proposal is sponsored by the Michigan Heartbeat Coalition which is comprised of individuals from Ohio and other neighboring states. This group has begun a petition drive in support of this proposal.
- The Heartbeat Bill petition drive is not organized by Right to Life of Michigan and is separate from the petition drive to support the Dismemberment Abortion ban.
- Each Heartbeat ban that has become law has been struck down as unconstitutional by the lower courts in that state.
- If the Heartbeat Abortion ban became law, it would compete with our 100% ban on abortion which could give a pro-abortion judge the chance to redefine abortion laws in Michigan. Therefore, a Heartbeat Abortion Ban law could prevent our 100% abortion ban from being fully enforceable when Roe v. Wade is overturned, keeping abortion legal in the first weeks of pregnancy. Not a win for Michigan!
- The Heartbeat Coalition says the ban will help force the U.S. Supreme Court to overturn Roe v. Wade, but nobody can force the U.S. Supreme Court to take up any case.
Right to Life of Michigan has pursued and has been successful in decreasing abortions by attempting to ban abortion procedures. These bans, such as the Partial-birth Abortion Ban, have prevented late term abortions in the second and third trimesters.
A Dismemberment Abortion Ban would take away the most common late term abortion and will save lives. The Abortion industry relies on the Dismemberment abortion procedure as the cheapest, quickest method for ending pregnancies in the second and third trimester.
What is a Dismemberment Abortion Procedure?
Dismemberment abortion (also known as a D&E/ dilatation and evacuation abortion) is the most frequently used late-term abortion procedure. In 2017, there were 1,777 dismemberment abortions in Michigan, that’s 4 to 5 every day. 98% occurred in the second trimester, between 13 and 24 weeks of pregnancy. “Dismemberment” is the simplest way to describe this barbaric procedure. The doctor inserts grasping forceps through the woman’s cervix into the uterus, grabbing the baby and removing it piece by piece. The baby dies just as a human adult or child would: He/she bleeds to death as it is torn limb from limb. Its skull is then crushed and removed from the uterus.
Identical Dismemberment Abortion Ban bills were introduced in the Michigan House and Senate and were passed by both chambers on May 14, 2019. It is doubtful that Governor Whitmer would sign a dismemberment abortion ban. The bill would be challenged and possibly enjoined, but that would be the case for nearly any abortion law in today’s political environment.
If the governor vetoes the bills, Right to Life of Michigan is prepared to bypass her veto with a petition initiative. We would need to gather 400,00 signatures within a 180 day period of time.
Right to Life of Michigan will be using Michigan’s citizens initiated legislative process to send the bills directly to the Michigan Legislature for passage, entirely bypassing the Governor. The name of the initiative is “Michigan Values Life; End Dismemberment Abortions”.
References: RTL.org
Clearing Up Confusion About Heartbeat vs. Dismemberment.
Right to Life of Michigan Files Petition Drive Paperwork