LANSING, Mich. — The Michigan House voted Thursday to repeal the state's 1931 abortion ban in a move that proponents contended reflects the will of a majority of voters who supported enshrining abortion rights in Michigan's constitution last fall.
The bill, which passed 58-50 with the support of two Republicans, comes about four months after Michigan residents voted 57% to 43% in favor of a constitutional amendment that enshrined the right to abortion and reproductive rights in Michigan's constitution.
The two Republicans who joined all 56 Democrats were state Rep. Tom Kuhn of Troy and Rep. Donni Steele of Lake Orion. Republican Reps. Joseph Aragona of Clinton Township and William Bruck of Erie were absent.
The Senate has similar legislation that it referred to the full chamber Wednesday.
In the House on Thursday, Democratic House members urged passage of the bills in order to get "zombie laws" off the books and bring state statutes in line with the new constitutional amendment.
"The bills we are appealing, enacted a mere 11 years after women achieved the right to vote, do not reflect the personal freedom to make ethical and personal decisions," said Rep. Christine Morse, D-Texas Township. "Bodily autonomy is critical to the idea of personal liberty.”
Republicans argued the law still fills in gaps left by November's constitutional amendment and noted the law was exercised in limited circumstances while Roe was still in place, such as in the case of the prosecution of non-physician abortions, the prosecution of botched abortions or regulations of post-viability abortions. The GOP caucus introduced a total of 15 amendments, all of which were rejected, to reaffirm those protections.
"These bills are an unnecessary attempt to spike the ball and further denigrate the unborn child and the sanctity of life," said Rep. James DeSana, R-Carleton.
Rep. Laurie Pohutsky, the Livonia Democrat who was a lead sponsor of the legislation, called Republican concerns "fear-mongering" and argued there are other laws on the books that require licensed physicians to perform abortions and that allow for the prosecution of botched abortions.
The abortion ban that would be repealed under the legislation has been on the state's books since the 1840s and was last updated in 1931. The law had largely been dormant for the nearly 50 years Roe v. Wade cemented abortion rights across the country through the U.S. Constitution, but was poised to take effect with the U.S. Supreme Court's overturning of Roe in June.
Two separate lawsuits ― one brought by Planned Parenthood of Michigan and another brought by Gov. Gretchen Whitmer ― secured court injunctions last year that kept the 1931 law from going into effect after the high court's June decision and through voters' approval of the Reproductive Freedom for All ballot initiative in November.
Pohutsky argued the confusion after the overturning of Roe in June spurred the new Democratic caucus to take early action to repeal the state's 1931 ban and ensure there would be no future confusion over conflicting policies.
"Our personal feelings on abortion, Proposal 3, or any other statute on the books are not relevant today," Pohutsky said. "Everyone serving in this chamber was sent here with a clear task after last November and I am grateful that we are finally, finally addressing it and repealing this archaic and punitive law once and for all."
In a statement released after the vote, Kuhn said he voted in favor of the repeal in order to "uphold the Michigan constitution" as he swore to do.
"Because of this oath, I voted to repeal laws that are now clearly unconstitutional, notwithstanding my personal belief on abortion or any other issue," Kuhn said.
The statement ran counter to comments from his fellow Republicans, who argued because the 1931 law was found to be enforceable in a few specific cases under Roe, it should also be enforceable under the constitutional amendment, which was often described on the campaign trail as a replacement for Roe.
"We have a duty to protect the laws of our constituents born and unborn," said Rep. Gina Johnsen, a Lowell Republican who voted no.
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