2022 Michigan Proposal 3
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Right to Reproductive Freedom Initiative | |||||||||||||
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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
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 this is being appealed to the Michigan Supreme Court. Meanwhile, there was no clear constitutional protection for abortion access in Michigan, allowing further potential regulation of abortion access.[1]
The amendment was introduced to overturn the 1931 abortion ban and protect the right to "reproductive freedom" in the Michigan Constitution.[2] 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 that the initiative should be placed on the November ballot.[3]
Contents
The proposal appeared on the ballot as follows:[4]
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
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?
Restrictions on reproductive rights must be implemented in the "least restrictive means", and with a "compelling" interest.[5][6]
Arguments
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."[7]
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).[8][6][9] 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.[5][6] 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.[6]
It was also conflated 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".[5][6] Washtenaw County Prosecuting Attorney Eli Savit and Michigan University 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 references to other contexts such as transgender health care.[10][5]
Fundraising
Reproductive Freedom for All has received $44 million, mostly from groups such as the ACLU, Planned Parenthood, and NARAL. 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.[11][12][13]
Polling
Opinion polls over the past few months before the referendum have indicated significant majority support for the amendment. However, its popularity has waned since the backlash from the Dobbs decision first emerged.[14]
- Graphical summary
 | Graphs are unavailable due to technical issues. There is more info on Phabricator and on MediaWiki.org. |
| Poll source | Date(s) administered |
Sample size[a] |
Margin of error |
For Proposal 3 |
Against Proposal 3 |
Undecided[b] | 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%[c] | 5% |
| Cygnal (R) | October 31 – November 2, 2022 | 1,754 (LV) | ± 2.3% | 52% | 43% | 5% | 9% |
| EPIC-MRA[d] | October 28 – November 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.[e] | October 26–28, 2022 | 600 (LV) | ± 4.0% | 55% | 41% | 4% | 14% |
| Mitchell Research | October 19, 2022 | 541 (LV) | ± 4.2% | 50% | 47% | 3%[c] | 3% |
| CNN/SSRS | October 13–18, 2022 | 901 (RV) | ± 4.2% | 54% | 45% | 1%[f] | 9% |
| 651 (LV) | ± 4.9% | 54% | 45% | 2%[g] | 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)[h] | ± 3.6% | 54% | 38% | 7%[i] | 16% |
| The Glengariff Group, Inc.[e] | September 26–29, 2022 | 600 (LV) | ± 4.0% | 62% | 24% | 14% | 38% |
| EPIC-MRA[d] | September 15–19, 2022 | 600 (LV) | ± 4.0% | 64% | 27% | 9% | 37% |
| EPIC-MRA | 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.[17]
| Choice | Votes | % |
|---|---|---|
 Yes
|
2,482,382 | 56.66 |
| No | 1,898,906 | 43.34 |
| Total votes | 4,381,288 | 100.00 |
See also
- 2022 Kansas Value Them Both Amendment
- 2022 California Proposition 1 – Successful referendum on enshrining reproductive rights in the state constitution
- List of Michigan ballot measures
Notes
- ^ Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear - ^ Some polling results do not add up to 100% due to rounding.
- ^ a b "Don’t plan on voting on the proposal" with 3%
- ^ a b Commissioned by the Detroit Free Press[15][16]
- ^ a b Commissioned by WDIV-TV and The Detroit News
- ^ "No opinion" with 1%
- ^ "No opinion" with 2%
- ^ Poll conducted among 1,285 registered voters, question results from a subset of likely voters.
- ^ "Won’t vote on this proposal" with 7%
References
- ^ Boucher, Dave (September 7, 2022). "Michigan judge rules 1931 law criminalizing most abortions is unconstitutional". Detroit Free Press. Archived from the original on October 4, 2022. Retrieved November 6, 2022.
- ^ Mulka, Angela (October 27, 2022). "What Proposal 3 would do: Abortion on the ballot in Michigan". Midland Daily News. Archived from the original on October 31, 2022. Retrieved November 6, 2022.
- ^ Yu, Yue Stella (September 14, 2022). "2022 Michigan ballot issues tracker: What to know about election proposals". Bridge Michigan. Lansing. Archived from the original on October 4, 2022. Retrieved October 4, 2022.
- ^ "Proposal 22-3" (PDF). Michigan Bureau of Elections. Archived (PDF) from the original on October 22, 2022. Retrieved October 22, 2022.
- ^ a b c d "To Stop An Abortion-Rights Amendment, Conservatives Are Attacking LGBTQ Rights". HuffPost. October 21, 2022. Retrieved October 29, 2022.
- ^ a b c d e "Michigan Proposal 3 fact check: No, masseuses won't give abortions to minors". Bridge Michigan. Retrieved October 29, 2022.
- ^ Haddad, Ken (June 29, 2022). "Michigan abortion ballot drive nears signature goal in final push for Nov. election". WDIV. Retrieved October 29, 2022.
- ^ Fowler, Megan. "Five States to Vote on Abortion Rights This Election Day". Christianity Today. Retrieved October 29, 2022.
- ^ "Constitutional Amendment Summary". Citizens to Support MI Women & Children. Retrieved October 29, 2022.
- ^ Boucher, Clara Hendrickson and Dave. "Michigan's abortion amendment: Here's what it will and won't do if approved". Detroit Free Press. Retrieved October 29, 2022.
- ^ Ollstein, Alice Miranda. "Michigan abortion-rights battle rakes in cash ahead of referendum". POLITICO. Retrieved November 6, 2022.
- ^ "Statement Details | Michigan Campaign Finance Committee Search". cfrsearch.nictusa.com. Retrieved November 6, 2022.
- ^ "Statement Details | Michigan Campaign Finance Committee Search". cfrsearch.nictusa.com. Retrieved November 6, 2022.
- ^ Orner, Ben (October 28, 2022). "Prop 3 fight eclipses $50 million: 'Yes' outraising 'No' and polling ahead". MLive.com. Archived from the original on November 2, 2022. Retrieved November 6, 2022.
- ^ Hendrickson, Clara (September 22, 2022). "Michigan abortion proposal has strong support, poll shows". Detroit Free Press. Archived from the original on October 21, 2022. Retrieved November 6, 2022.
- ^ Hendrickson, Clara (November 5, 2022). "Where support for Michigan ballot proposals stands before Nov. 8 election". Detroit Free Press. Archived from the original on November 5, 2022. Retrieved November 6, 2022.
- ^ a b "2022 Michigan Election Results - General". Michigan Secretary of State. November 28, 2022. Archived from the original on November 29, 2022. Retrieved November 29, 2022.