Proposal 22-3 A Proposal To Amend The State Constitution To Establish New Individual Right To Reproductive Freedom, Including Right To Make All Decisions About Pregnancy And Abortion; Allow State To Regulate Abortion In Some Cases; And Forbid Prosecution Of Individuals Exercising Established Right

Ballot Icon Ballot Measure

PASSED

Result Icon Result

LIBERAL

BALLOT LANGUAGE

This proposed constitutional amendment would: - Establish new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; - Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health; - Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; - Invalidate state laws conflicting with this amendment. Should this proposal be adopted?

WHAT IT MEANS

1. Establishes undefined and unlimited reproductive freedom rights, including the right to terminate the life of an unborn child. 2. Redefines a “compelling state interest” so that an individual’s autonomous decision-making rights supersedes and negates the state’s interest to uphold Article 1, Section 1 of providing for the equal benefit, security and protection of people, including those in the womb. 3. Establishes an undefined "mental health" exception that would allow termination of the life of an unborn child at any stage of pregnancy, including after fetal viability. 4. Redefines "fetal viability" to mean only children who can survive outside the womb without extraordinary medical measures, including NICU technology. 5. Establishes unlimited right of reproductive freedom for any individual, without exception, whether minor or incapacitated adult. 6. Allows any individual or entity to enable any individual, including minors, to exercise this right and to do so without consequences.

ARGUMENTS FOR AND AGAINST

YES


  • "This amendment would make sure that doctors do not go to prison for providing safe medical care and ensures women will have access to a broad range of reproductive health care services. In emergency situations, doctors need to act, and Proposal 3 will stop politicians from getting in between women and their doctors."  Reproductive Freedom for All - Michigan.  Accessed October 13, 2022

NO

The measure would add an amendment to the state constitution to:

  • Legalize abortion at any time in pregnancy for any reason.
  • Allow abortions to be performed by anyone, even those without a medical license.
  • Allow any person to help teens obtain abortions without their parents knowing.
  • Protect abortion providers from penalties for killing or injuring a woman during an abortion.
  • Revoke state law that requires abortion facilities to be licensed and inspected.
  • Require taxpayers to pay for abortions.

Michigan Catholic Conference

  • "The first concern—the rights of parents—comes from Proposition 3’s use of the term 'individual.' It means that anyone, including a minor, could have a right to abortion, birth control, or other reproductive surgeries like the removal of healthy breasts. All without the knowledge or consent of parents."
  • "Proposition 3...would wipe out Michigan’s modest pre-Dobbs protections for unborn human beings. That includes a law protecting children born alive after botched abortions."
  • "Proposition 3 could override Michigan’s ban on... partial-birth abortion.... It would also pave the way for eugenic abortions... based on sex, disability, or race."
  • "A woman... could argue that giving birth... would cause undue 'harm' to her mental health. On these grounds alone, this law would make abortion for any reason legal during all nine months of pregnancy."
  • "What if a woman suffers medical malpractice from her abortion or is coerced into receiving one? By prohibiting the state from 'discriminating' against someone who assists a woman in her abortion, it leaves the woman vulnerable to harm and with limited legal recourse."

    Richards, J.W., Ph.D. and Waters, Emma.  "Michigan’s Radical Proposition 3 Ballot Measure Would Go Far Beyond Just Codifying Roe v. Wade".  The Heritage Foundation website. October 6, 2022

  • "The new amendment guarantees many new rights will be 'created' by activist courts based upon this new autonomous right to 'reproductive freedom.' This new right protects 'the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.' None of these terms are defined in the amendment. Also, this is not an exhaustive list. 'Reproductive freedom' is not limited to only the listed areas. What about gender-reassignment surgeries (i.e., the sterilization of men and women) and related medical care? The possibilities are unconstrained and endless." Great Lakes Justice Center, Sept. 21, 2022

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

YES

Committees formed to SUPPORT Proposal 22-3 A:

REPRODUCTIVE FREEDOM FOR ALL

Selected Contributions TO Reproductive Freedom for All include:

  • ACLU, New York, NY
  • ACLU of Michigan, Detroit, MI
  • RFFW, Detroit, MI
  • Planned Parenthood Action Fund, Washington, DC
  • Kate Wolters Foundation, Grand Rapids, MI
  • Linh Song - Bardstown Trail Council Member, Ann Arbor, MI
  • Deborah Simon, Carmel, IN
  • Jill Foss Watson, Farmington, MI
  • NARAL ProChoice America, Washington, DC
  • Levin for Congress, Birmingham, MI
  • Center for Reproductive Rights, New York, NY
  • Gerald Beckwith Fund, Okemos, MI
  • Ashley Oberheide, Ann Arbor, MI
  • Cynthia Ford, Grosse Pointe, MI

NO

Committees formed to OPPOSE Proposal 22-3 A:

CITIZENS TO SUPPORT MI WOMEN AND CHILDREN

Selected Contributions TO Citizens To Support MI Women and Children include:

  • Right to Life of Michigan, Grand Rapids, MI
  • Michigan Catholic Conference, Lansing, MI
  • K of C Michigan State Council, Sterling Heights, MI
  • John Bukowski, Port Sanilac, MI
  • Gayle Hoenke, Marquette, MI
  • Huron County Right to Life, Bad Axe, MI
  • Paul Clark, Pastor - St. Paul Lutheran Church, Fowler, MI
  • Daniel Hyslop, Elkhorn, NE
  • Lynn Carpenter, Lincoln, MI
  • Monica Miller, South Lyon, MI
  • Cheboygan Right to Life, Cheboygan, MI

OTHER INFORMATION

YES

The following quote and source are neither for nor against Proposal 3 but rather seek to present arguments of both sides:

NO

Repercussions of Proposal 3: Prop 3 Explained - Erin Mersino, Chief of Supreme Court and Appellate Practice, Thomas More Law Center

"Passage of Prop 3 will also give boys a constitutional right to be castrated and girls the right under Michigan’s constitution to be sterilized by way of a hysterectomy or the removal of their ovaries — all without their parents’ consent."  Cleveland, Margot. "Michigan s Hiding A Children’s Constitutional Right To Genital Amputation In Its Abortion Amendment." The Federalist. October 12, 2022

Web pages opposing the measure:

The following quote and source are neither for nor against Proposal 3 but rather seek to present the arguments and strategies of both sides:

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