Governor holds control in bill banning late-term abortions
The State News (MSU)
October 1, 2003
By Brian Charlton Late-term abortion procedures will be banned in Michigan if Gov. Jennifer Granholm signs legislation approved by the Senate on Tuesday.
Pro-choice lawmakers and lobbyists say the bill violates women's rights and, if passed, would be struck down as unconstitutional by higher courts. The "Legal Birth Definition Act" defines legal birth and states that when any part of the fetus is delivered outside the mother's body, it has legal rights. The bill also defines living as demonstrating either evidence of breathing, spontaneous movement or umbilical cord pulsation. Supporters of the bill wanted to clear up legal ambiguity that has caused courts to strike down past partial-abortion laws, said Bill Nowling, spokesman for Senate Majority Leader Ken Sikkema, R-Wyoming. The lawmakers who opposed the bill reiterated its restriction on women's right to choose. "In no way does this bill protect the life or health of the mother," Sen. Liz Brater. D-Ann Arbor said. "The Supreme Court has consistently required that a women's health must be the paramount consideration." The bill was originally introduced in April and was passed by Senate on Tuesday, 25-11, with two senators not voting. The bill was mostly voted along Republican-dominated party lines. Senators James Barcia of Bay City, Raymond Basham of Taylor and Dennis Olshove of Warren were the only Democrats voting for the bill. The House passed the bill in May, 74-28. According to Michigan law, a two-thirds majority is required in each chamber to overcome a governors veto. If Granholm vetoes the Legislation, the Senate needs 26 of its 38 members to vote yes and the House needs 74 votes from its 110 members to override her decision. Granholm wants to make sure the ban will make exceptions for the health of the mother, her spokeswoman Liz Boyd said. Boyd said Granholm will wait until the bill gets to her desk before making a decision within the 14-day requirement. The bill says the abortions are legal if under circumstances "to save the life of the mother and every reasonable effort was made to preserve the life of both the mother and the perinate." Michigan lawmakers have passed two similar laws that were struck down by the courts. The House put out a "Partial Birth Abortion Ban" in 1996 and the "Infant Protection Act" in 1999 that were both struck down by federal judges. Rebekah Warren, executive director of Lansing-based MARAL Pro-Choice Michigan, said the 2000 U.S. Supreme Court ruling in Stenberg Carhart makes the possible Michigan law unconstitutional. The court ruled that partial-birth abortion imposed an undue burden to women's right to choose because it banned more than one procedure and lacked an exception for women's heath. Warren said she worries the bill would ban even the most common abortion procedures used early in pregnancy. "They see the issue has gained a lot of sympathy," Warren said. "It's one of their constant political strategies. This would ban many, if not all, of the most safe procedures." Gary Glenn, president of Midland-based American Family Association of Michigan, said he hopes Granholm will show a sense of compassion for the babies and approve the bill. "It strikes me as a 'duh' issue," Glenn said. "It should be illegal to strike a hole in a baby's head and have its brain sucked out. It's a barbaric and tortuous practice."
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