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About the Amendment

What the Amendment Does

This proposal will affirm that every person has the fundamental right to reproductive freedom, which involves the right to make and carry out decisions without political interference about all matters relating to pregnancy, including birth control, abortion, prenatal care, and childbirth.

Specifically, this measure will ensure that all Michiganders have the right to safe and respectful care during birthing, everyone has the right to use temporary or permanent birth control, everyone has the right to continue or end a pregnancy pre-viability, and no one can be punished for having a miscarriage, stillbirth, or abortion.

Record-Breaking Support

A record number of voters – more than 730,000, throughout every county in Michigan – read, understood, and signed a petition to assure RFFA is on the ballot in November. Voters want to enshrine reproductive rights into the State Constitution for women and their families.

Frequently Asked Questions

Important medical decisions should be guided by a patient’s health and wellbeing, not by a politician’s beliefs. But for far too long, politicians across the country have been fighting to restrict reproductive health care, and now they are gaining ground.

Now that the U.S. Supreme Court has overturned Roe v. Wade, a 1931 Michigan law could go back into effect that would make abortion illegal and threaten doctors with prison for up to fifteen years for providing an abortion. In addition to ensuring access to a broad range of reproductive health care, this amendment would make sure no one goes to prison for providing safe medical care. Protecting reproductive freedom in the Michigan Constitution will preserve this right for all Michiganders in our state, no matter what happens in Washington, D.C.

When people are able to make decisions about their own reproductive health care, including whether and when to have children, they have more control over their health and their economic security.

In Michigan, we trust women. The decision of whether to become pregnant or a parent is too important to leave up to politicians. Ensuring that reproductive freedom is protected by our state constitution means politicians in Lansing won’t be able to interfere with or deny our personal decisions.

First the Michigan Board of Canvassers must approve a 100-word summary of the amendment to be placed on the ballot. Then the campaign in support of the amendment must collect a sufficient number of signatures from Michigan citizens to qualify for the ballot. Once the measure has qualified, it will be placed on the November 2022 ballot for voters to decide whether the measure should be passed. If at least 51% of voters vote YES, the amendment will be added to the state constitution.

The campaign to pass this amendment is organized and supported by a growing coalition of Michigan advocates, from Detroit to the Upper Peninsula and throughout the state in between. Currently, the campaign is led by Reproductive Freedom for All, ACLU of Michigan, Michigan Voices, and Planned Parenthood Advocates of Michigan.

Proposal 22-3

A proposal to amend the state constitution to establish new individual right to reproductive freedom, including right to make all decisions about pregnancy and abortion; allow state to regulate abortion in some cases; and forbid prosecution of individuals exercising established right

 

This proposed constitutional amendment would:

  • Establish new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility;

  • Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health;

  • Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment;

  • Invalidate state laws conflicting with this amendment.

Should this proposal be adopted?

[   ]   YES

[   ]   NO

 

WORD COUNT: 95

STATE CONSTITUTION (EXCERPT)  

CONSTITUTION OF MICHIGAN OF 1963* 

ARTICLE I  

DECLARATION OF RIGHTS

§ 28 Reproductive freedom.  

(1) Every individual has a fundamental right to reproductive freedom, which entails the right to make and  effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth,  postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.  

An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified  by a compelling state interest achieved by the least restrictive means.  

Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that  in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care  professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.  

(2) The state shall not discriminate in the protection or enforcement of this fundamental right.  

(3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their  actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or  abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or  assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.  

(4) For the purposes of this section:  

A state interest is “compelling” only if it is for the limited purpose of protecting the health of an individual seeking  care, consistent with accepted clinical standards of practice and evidence-based medicine, and does not infringe on  that individual’s autonomous decision-making.  

“Fetal viability” means: the point in pregnancy when, in the professional judgment of an attending health care  professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained  survival outside the uterus without the application of extraordinary medical measures.  

(5) This section shall be self-executing. Any provision of this section held invalid shall be severable from the  remaining portions of this section.  

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