Right to Life Michigan asserts that 1972’s Prop. B was a triumph in protecting what RTL says is Michigan’s total ban on abortion before Roe, but is their assertion correct? The following is RTL’s statement in their newsletter We Are Not New York where they allege several of items prove that Michigan possesses a total ban on abortion. This is not the case. Let me explain after we read RTL’s point:

  • Our ban was reaffirmed in 1972 when the people of Michigan voted against Proposal B, which would have eliminated our abortion ban.

Right to Life further stipulates that the 1972 people of Michigan resoundingly rejected what RTLM identifies as Michigan’s outright ban on abortion. Again, this is not necessarily the case, especially considering Mahaffey. The compelling interest of these rulings is unusual in the debate about pre-Roe restrictions, as it appears that abortions were permissible; however, abortion on demand was never permitted until Roe and Doe. The same ideology applies to 1972’a Prop B, also known as [1]The Michigan Abortion Legalization Initiative.

Proposal B was on the 1972 Ballot in Michigan before Roe v. Wade’s passage. As an indirect state-initiated statute. Prop B was defeated. The defeat of Prop B has been used in the argument for the pre-Roe ban on abortions in Michigan. This is not necessarily the case, as Prop B attempted to allow for abortion on demand as a right for all women, which is what Roe ultimately succeeded in doing. Proposal B would have allowed licensed physicians to perform abortions upon demand if the period of gestation has not exceeded 20 weeks.

The defeat of Prop B did not restrict or eliminate the provisions in 750.15. It stopped a citizen’s petition to decriminalize all abortive practices with 60.65% of Michigan’s population rejecting abortion on demand without restriction (like Illinois and New York’s recently passed abortion provisions)., and with 39.35% desiring abortion on demand without limitation.

I make this assertion based on the erroneous claim that Act 328 of 1931 Section 750.14 addresses miscarriage provisions and restrictions and is not to be confused with the abortion provisions and limits of its corollary Statute 750.15, which legally allows abortions to be performed in the State of Michigan with restrictions.

The State Constitution provides protection, repeal and revision for Statutes under its jurisdiction based on textual language, significant textual language in parallel provisions of Federal and State legal matters (750.14 and 750.15), State Constitutional Law and Common Law provisions (Quick Child definition, application and understanding in 1846 protections for the pre-quickened child), structural differences between State and Federal provisions, and matters that are of particular interest in state or local concerns (Mahaffey).

[1] https://ballotpedia.org/Michigan_Abortion_Legalization_Initiative,_Proposal_B_(1972)

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