Partial-Birth Abortion Ban Act
P.A. 168 of 2011
P.A. 169 of 2011
S.B. 160: Sponsor Sen. Arlan Meekhof
H.B. 4110: Sponsor Rep. Ben Glardon
Effective Date: January 1, 2012
The Partial-birth Abortion Ban Act was signed into law October 11, 2011, ending the 15-year fight to ban this heinous “medical procedure” in
here for more news about this exciting advance of the prolife cause,
including a statement by RLM President Barb Listing.
This legislation makes it a
felony for a physician or any other individual to perform a partial birth
abortion, except to save the life of the mother when endangered by a physical
disorder, physical illness, or physical injury.
A physician or another
individual who performs a PBA will be charged with a felony, punishable by up to
two years imprisonment, a fine of up to $50,000, or both.
mirrors the federal Partial Birth Abortion Ban, which the U.S. Supreme Court
upheld in Gonzales v. Carhart on April 18, 2007. Having a state law in
place is necessary to provide for enforcement at the state level, instead of
having to rely on federal prosecutors, whose resources are overextended.
In the partial-birth abortion
procedure, the woman’s cervix is dilated over a period of three days. On the
third day, the infant is delivered feet first up to the neck. Then while the
infant’s head is still inside the birth canal, the child is killed. The skull is
collapsed and the now-dead infant is delivered the rest of the way.
Physicians have an interest
in preserving the health and life of both the mother and child. This procedure
clearly "confuses the medical, legal and ethical duties of a physician to
preserve and promote life," according to the federal PBA ban. PBA is "broadly
disfavored by medical experts" and the public.
This legislation contains an exception for the
life of the mother in order to mirror the language of the federal ban. There is
no consensus among obstetricians that it is ever medically necessary.
Physicians' groups have testified that not only is the procedure never medically
necessary, but also it poses serious health risks to the mother.
H.B. 4109-10 and S.B. 160-61 were
the sixth legislative effort to ban PBA by prolife Michigan legislators.
H.B. 4109-10 were introduced on January 20, 2011
and referred to the House Committee on Families, Children and Seniors. The
Committee held a hearing for testimony only on June 16, 2011. RLM testified in
favor of the bills, as did the Catholic Conference, a prolife physician, a
prolife law professor, and a longtime prolife citizen activist. Michigan
National Organization for Women (NOW), the ACLU, and Planned Parenthood
testified in opposition. The American Congress of Obstetricians and
Gynecologists submitted a letter of opposition. The House Committee held a second hearing on June 21, 2011, and the bills were reported out of committee
with a 7-2 vote.
S.B. 160-61 were introduced
on February 17, 2011, and reported out of the Senate Judiciary Committee
on March 1, 2011, with a vote of 3-1 on S.B. 160 and 3-0 with one abstention on
S.B. 161. RLM President Barb Listing testified in favor of the bills. Planned
Parenthood, the ACLU, and the American Congress of Obstetricians and
Gynecologists testified in opposition.
21, 2011, the Senate passed S.B. 160-161 with a vote of 29-8, with one senator
absent. That same day, the House passed their identical version of the PBA Ban
Act, 75-33, with one representative absent. The legislature then sent one bill
from the senate, S.B. 160, and one bill from the House, H.B. 4110, to the
Identical bills were introduced last session in both the House and the Senate
and referred to committee. No further action was
taken on these bills. In the 2007-2008 session, identical legislation passed in
the Senate (24-13) on January 22, 2008 and in the House (74-32) on May 27, 2008,
only to be vetoed by Governor Jennifer Granholm on June 13, 2008, because it
lacked a so-called "health" exception.
Prior to 2008, Michigan adopted three separate
laws to ban partial birth abortion, the last of which was enacted by a citizen
initiative petition drive. All were ruled unconstitutional. Click here for the
history of these three attempts to ban PBA.