LANSING — A Michigan state lawmaker made news this week by announcing that she had undergone a sterilization procedure, in part due to concerns about the availability of abortion and contraception under the President Trump’s administration.
The announcement has gained national attention as state and federal officials continue to navigate the polarizing issue following the overturning of Roe v. Wade.
“We are poised to be in a better position than many other states, but it is by no means a settled issue,” said Rep. Laurie Pohutsky, (D) 17th District, who announced that she had undergone the procedure this week.
Michigan’s abortion and contraceptive access laws have significantly changed in recent years, both through 2022’s Proposal Three and policies from the previously-held Democratic majorities in the state Legislature.
Proposal Three, which was approved by about 57% of voters, added the “fundamental right to reproductive freedom” to the state constitution, including “all matters relating to pregnancy.”
“That essentially provided the state of Michigan with the highest level protections that Michiganders could add,” said Erica Shekell, communications director for Planned Parenthood of Michigan.
Any state laws or policies inhibiting those rights could be struck down by a court — and some have been.
Last year, the Michigan Court of Claims blocked the state’s 24-hour waiting period, which required those seeking an abortion to receive certain materials with information on potential alternatives to abortion and wait at least 24 hours to receive the procedure.
Michigan currently puts no limits on how far into a pregnancy one can receive an abortion, though the constitution allows for restrictions to be put in place after fetal viability, generally considered to fall between 20 and 24 weeks.
Lawmakers also repealed a set of regulations on abortion clinics that required facilities to meet standards normally applied to surgical centers, to the dismay of abortion opponents.
“We need to take a look at reinstituting some common-sense health and safety regulations at abortion clinics and informed consent for abortion,” said Genevieve Marnon, legislative director for Right to Life Michigan.
A law enacted this year allows pharmacists to prescribe birth control, along with requiring insurance to cover up to a 12-month’s supply of the drugs.
Pohutsky says that current abortion access could come under attack in the future, similar to the multi-decade long efforts to overturn Roe v. Wade.
“We watched opponents chip away at that right and make it less accessible for people, make it unaffordable for people,” she said. “So I think that having a well-informed and educated base of citizens and voters is not fear mongering.”
Marnon says that Pohutsky’s message could create confusion about what reproductive options are available to Michigan residents.
“She, of course, was the bill sponsor for the Reproductive Health Act, knowing full well that it’s codified into state law, a right to abortion, contraception and sterilization,” she said. “So unfortunately, I feel bad that voters are being told these — using these scare tactics against voters.”
If there were a national abortion ban or restriction passed into law, that policy would override Michigan’s laws and constitutional protections. Proposal Three’s protections could also be undone by another state constitutional amendment.