MICHIGAN, USA — On Nov. 8, voters in Michigan will decide whether to vote yes or no on Proposal 3, also known as the Right to Reproductive Freedom Initiative.
In September, a Michigan election board placed an abortion-rights proposal on the fall ballot, obeying an order from the state's highest court and closing a record-breaking petition drive to try to amend the state constitution.
So, let's talk about what Proposal 3 is and what it is not.
What is Proposal 3?
Proposal 3 would provide a state constitutional right to reproductive freedom.
The term reproductive freedom would be defined as "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."
The ballot initiative would allow the state, through future legislation, to regulate abortion after fetal viability (the point at which a fetus can survive outside the womb).
If passed, the state could not ban the use of abortion to "protect the life or physical or mental health of the pregnant individual," as determined by an attending healthcare professional.
This proposed constitutional amendment would:
- Establish a new individual right to reproductive freedom, including the 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 the state to regulate abortion after fetal viability, but not prohibit it if medically needed to protect a patient’s life or physical or mental health;
- Forbid state discrimination in the 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.
What is the current state of abortion access in Michigan?
Abortion in Michigan remains legal prior to fetal viability. After a fetus is considered viable, abortion is only permitted to preserve the life of the mother.
Viability has been defined in two separate cases. Planned Parenthood v. Casey defines viability as 23 or 24 weeks, while Roe v. Wade defined viability at the third trimester of pregnancy or 28 weeks.
In the case of minors, abortion can only occur if there is consent from at least one parent or legal guardian. However, a court may waive this requirement if the parent or guardian is not available, or if the court determines an abortion is in the minor’s best interest.
Abortion laws throughout the US
As of Sept. 1, 2022, 44 states restricted abortions after a certain point in pregnancy.
Of the 44 states with established laws, here's what we know:
- Eleven states restrict abortion after conception
- Two states restrict abortion at six weeks since the last menstrual period
- One state restricts abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Nine states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- 15 states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
You can read the full proposal's text here.
Helpful links for Nov. 8 midterm election
- Click here to find out what is on your ballot.
- Click here to find out if you are registered to vote.
- Click here to find out how to register to vote.
- Click here to find your polling place.
- Click here to find out where to drop off your absentee ballot.
- Click here to find more helpful links.
The midterm election is on Tuesday, Nov. 8 and polls are open from 7 a.m. until 8 p.m.
You can register to vote on election day at your clerk's office with proof of residency until 8 p.m.
You have until 8 p.m. on Nov. 8 to return your absentee ballot to your designated drop box or local clerk’s office by hand.
Stay with 13 ON YOUR SIDE on election day for results, commentary and interviews with candidates.
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