Английская Википедия:2022 Michigan Proposal 3

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Шаблон:Short description Шаблон:Use mdy dates Шаблон:Infobox referendum Шаблон:Elections in Michigan sidebar 2022 Michigan Proposal 3, the Right to Reproductive Freedom Initiative, also known as Reproductive Freedom for All, was a citizen-initiated proposed constitutional amendment in the state of Michigan, which was voted on as part of the 2022 Michigan elections. The amendment, which passed, codified reproductive rights, including access to abortion, in the Constitution of Michigan.

Background

Шаблон:See also Following the Dobbs v. Jackson Women's Health Organization ruling which overturned Roe v. Wade, access to abortion in Michigan became regulated by a 1931 law which criminalized abortion except in cases where the mother's life was at risk. The law was ruled unconstitutional by Michigan Court of Claims Judge Elizabeth L. Gleicher, characterizing the law as a violation of due process; however the case was appealed to the Michigan Supreme Court. No matter what the outcome of that appeal, there was no clear constitutional protection for abortion access in Michigan, making further potential regulation of abortion access by the legislature possible.

The amendment was introduced to overturn the 1931 abortion ban and make the right to "reproductive freedom" explicit in the Michigan Constitution. The Reproductive Freedom For All ballot committee gathered 753,759 signatures for the constitutional amendment, the most ever gathered for a ballot measure in state history, and more than enough for it to be placed on the 2022 ballot. On August 31, the Board of State Canvassers, responsible for determining whether candidates and initiatives should be placed on the ballot, deadlocked 2–2, with challengers arguing that the initiative's wording was poorly-spaced. On September 9, the Michigan Supreme Court ruled 5-2 that the initiative should be placed on the November ballot.

Contents

The proposal appeared on the ballot as follows: Шаблон:BlockquoteRestrictions on reproductive rights must be implemented in the "least restrictive means", and with a "compelling" interest.

The full text of the section that the proposal added to Article I of the state constitution is as follows:

Sec. 28. (1) Every individual has a fundamental right to reproductive freedom, which entails 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.

An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.

Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.

(2) The state shall not discriminate in the protection or enforcement of this fundamental right.

(3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.

(4) For the purposes of this section:

A state interest is “compelling” only if it is for the limited purpose of protecting the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine, and does not infringe on that individual’s autonomous decision-making. “Fetal viability” means: the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.

(5) This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of this section.

Arguments

Proponents of Proposal 3

The proposal's main supporters, Reproductive Freedom for All, state that Proposal 3 would "ensure that all Michiganders have the right to safe and respectful care during birthing, everyone has the right to use temporary or permanent birth control, everyone has the right to continue or end a pregnancy pre-viability, and no one can be punished for having a miscarriage, stillbirth, or abortion."

Opponents of Proposal 3

The proposal's main opponents, Citizens to Support MI Women and Children, have called Proposal 3 "extreme", arguing that it could invalidate 41 state laws related to abortion and other issues (including prostitution, statutory rape, and human cloning). They have argued that due to the right to reproductive freedom applying to "all individuals", that it would repeal the requirement for minors to receive parental consent in order to receive an abortion. The group also asserted that the proposal would allow any "attending health care professional" to perform an abortion (a definition under state law that includes athletic trainers and masseuses), and repeal safety standards and inspections of abortion clinics. University of Detroit Mercy associate law professor Michelle Richards argued that such issues could still be regulated under Proposal 3, as a compelling interest to protect the safety and welfare of residents.

Opponents of Proposal 3 claimed that the amendment would codify an "unlimited right to abortion" by allowing abortions up to the last week of pregnancy for any reason.

It was also argued by opponents that Proposal 3 would allow minors to receive puberty blockers, castration, or a hysterectomy without parental consent, under an interpretation of the proposal that classified these procedures as falling under "infertility" and "sterilization". Washtenaw County Prosecuting Attorney Eli Savit and University of Michigan constitutional law professor Leah Litman disputed the claim, citing that Proposal 3 specifically defines the right to "reproductive freedom" as being within the context of pregnancy, with no explicit references to other contexts such as transgender health care. The Michigan Supreme Court will have to rule on the precise effects of the amendment.

Fundraising

Reproductive Freedom for All has received $44 million, mostly from groups such as the ACLU, Planned Parenthood, and NARAL and Sam Bankman-Fried. Meanwhile, the Citizens to Support MI Women and Children has raised almost $17 million from groups such as the Michigan Catholic Conference and Right to Life of Michigan. Both committees have spent millions of dollars on advertising, including on TV and digital ads.

Polling

Opinion polls for the first few months before the referendum indicated significant majority support for the amendment. Its popularity waned from the initial summer backlash from the Dobbs decision, but nonetheless, the amendment had a clear lead in the polls throughout the campaign.

Graphical summary

Poll source	Date(s) administered	Sample sizeШаблон:Efn	Margin of error	For Proposal 3	Against Proposal 3	UndecidedШаблон:Efn	Lead
Cygnal (R)	November 1–4, 2022	1,603 (LV)	± 2.5%	52%	44%	5%	8%
Mitchell Research	November 3, 2022	658 (LV)	± 3.8%	51%	46%	3%Шаблон:Efn	5%
Cygnal (R)	October 31 – November 2, 2022	1,754 (LV)	± 2.3%	52%	43%	5%	9%
EPIC-MRAШаблон:Efn	October 28Шаблон:SndNovember 1, 2022	600 (LV)	± 4.0%	57%	40%	4%	17%
Emerson College	October 28–31, 2022	900 (LV)	± 3.2%	51%	42%	7%	9%
The Glengariff Group, Inc.Шаблон:Efn	October 26–28, 2022	600 (LV)	± 4.0%	55%	41%	4%	14%
Mitchell Research	October 19, 2022	541 (LV)	± 4.2%	50%	47%	3%Шаблон:Efn	3%
CNN/SSRS	October 13–18, 2022	901 (RV)	± 4.2%	54%	45%	1%Шаблон:Efn	9%
		651 (LV)	± 4.9%	54%	45%	2%Шаблон:Efn	9%
Emerson College	October 12–14, 2022	580 (LV)	± 4.0%	52%	38%	10%	14%
EPIC-MRA	October 6–12, 2022	600 (LV)	± 4.0%	60%	33%	7%	27%
CBS News/YouGov	October 3–6, 2022	1,285 (RV)Шаблон:Efn	± 3.6%	54%	38%	7%Шаблон:Efn	16%
The Glengariff Group, Inc.Шаблон:Efn	September 26–29, 2022	600 (LV)	± 4.0%	62%	24%	14%	38%
EPIC-MRAШаблон:Efn	September 15–19, 2022	600 (LV)	± 4.0%	64%	27%	9%	37%
EPIC-MRA Шаблон:Webarchive	September 7–13, 2022	800 (LV)	± 3.5%	56%	23%	21%	33%
EPIC-MRA	August 18–23, 2022	600 (LV)	± 4.0%	67%	24%	9%	43%

Results

Proposal 3 was approved with 56.66% of the vote. One factor in the proposal's passage was the increased participation in the midterm election by younger voters. Шаблон:Referendum

Results by congressional district are shown below.

Congressional district	Yes		No		Total Votes	Representative
	#	%	#	%	#	Name
District 1	190,678	49.2%	197,133	50.8%	387,811	Шаблон:Party shading/Republican align="center" | Jack Bergman
District 2	153,029	44.6%	189,911	55.4%	342,940	Шаблон:Party shading/Republican align="center" | John Moolenaar
District 3	188,644	55.8%	149,562	44.2%	338,206	Шаблон:Party shading/Democratic align="center" | Hillary Scholten
District 4	174,564	51.5%	164,312	48.5%	338,876	Шаблон:Party shading/Republican align="center" | Bill Huizenga
District 5	146,014	46.3%	169,428	53.7%	315,442	Шаблон:Party shading/Republican align="center" | Tim Walberg
District 6	254,036	68.5%	116,855	31.5%	370,891	Шаблон:Party shading/Democratic align="center" | Debbie Dingell
District 7	212,554	57.4%	157,867	42.6%	370,421	Шаблон:Party shading/Democratic align="center" | Elissa Slotkin
District 8	186,899	56.2%	145,546	43.8%	332,445	Шаблон:Party shading/Democratic align="center" | Dan Kildee
District 9	177,814	46.9%	201,012	53.1%	378,826	Шаблон:Party shading/Republican align="center" | Lisa McClain
District 10	185,349	57.6%	136,305	42.4%	321,654	Шаблон:Party shading/Republican align="center" | John James
District 11	246,413	66.9%	121,644	33.1%	368,057	Шаблон:Party shading/Democratic align="center" | Haley Stevens
District 12	197,198	71.1%	80,181	28.9%	277,379	Шаблон:Party shading/Democratic align="center" | Rashida Tlaib
District 13	170,943	72.1%	66,155	27.9%	237,098	Шаблон:Party shading/Democratic align="center" | Shri Thanedar
Totals	2,482,382	56.7%	1,898,906	43.3%	4,381,288	7D, 6R
Source: Google Sheets

In the wake of the constitutional amendment's approval, the 1931 abortion law was repealed on April 5, 2023. The Reproductive Health Act, which repealed several abortion restrictions, was enacted on November 21, 2023. The act also repealed a Republican-passed 10-year-old law requiring a separate health insurance add-on for abortion coverage that critics called 'rape insurance'.

Recount

The America Project, a Donald Trump aligned organization, funded a partial recount of this proposal as well as 2022 Michigan Proposal 2 despite their passage by wide margins. The recount was spearheaded by Jerome Jay Allen of the conservative group Election Integrity Fund and Force. The recount lasted two weeks and added 116 yes votes and 7 no votes to the totals. This led to calls to tighten recount rules to disallow frivolous recounts with no chance of changing the vote outcome.

See also

• Шаблон:Annotated link
• Шаблон:Annotated link
• Шаблон:Annotated link
• List of Michigan ballot measures

External links

• Шаблон:Ballotpedia