Which laws would Proposal 3 invalidate?
- Fri, Nov 4, 2022 12:27 PM
Which laws would Proposal 3 invalidate? Michigan lawyers break down consequences, beginning with the first two words, 'every individual,' Prop 3's intentional ambiguity is highly concerning, legal experts say
Proposal 3, or the “Reproductive Freedom for All” constitutional amendment, seeks to amend Michigan’s constitution to allow “unregulated abortion on demand through all nine months of pregnancy” and upend dozens of laws protecting women, minors, health care providers and victims of abortion, Archbishop Allen H Vigneron wrote in a letter dated Sept. 17.
While those in favor of Proposal 3 have argued the proposal is simply a return to Roe v. Wade and have denied claims that the proposal would overrule parental consent for minors seeking abortions, those opposed have pointed to the broad language as cause for concern and as problematic to Michigan's legal landscape.
The proposal begins with the words “every individual,” a phrase that doesn’t limit the class of people who hold the right by their age, John Bursch, JD, vice president of appellate advocacy for Alliance Defending Freedom and former Michigan solicitor general (2011-13), told Detroit Catholic.
“(The pro side) says, ‘Well, the state had the ability to allow parents to be informed and give consent under Roe v. Wade, (and) this wouldn’t be any different.’ Well, that is because Roe and Planned Parenthood v. Casey were judge-made rules; this is a constitutional provision that gives the right to every individual,” Bursch explained. “You can’t modify that by legislation. The phrase ‘every individual’ does not appear anywhere in the current Michigan and federal constitutions. It is unique to Proposal 3.”
Bursch said when rights are given in other constitutional provisions, they frequently come with age limitations.
“One of the examples the proponents of Proposal 3 bring up is voting," Bursch said. "You have a right to vote notwithstanding race or sex, but yet states limit it to those who are 18 years or older. That’s because the 26th Amendment to the U.S. Constitution specifically says the right to vote is for those 18 years or older. In order to give people below that age the right to vote, we’d have to amend the constitution. But (in Proposal 3), they wrote the provision to give everyone the right (to abortion) without age limitation.”
You read the entire article by GABRIELLA PATTI in Detroit Catholic HERE.