Michigan's proposed Constitutional Amendment to enshrine "reproductive rights"

 

The proposed amendment to Michigan's Constitution. As a Constitutional amendment all statutes that are in conflict with this amendment are nullified. As a Constitutional amendment, it will be extremely difficult to change or remove.

Article 1, Section 28 Right to Reproductive Freedom

(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.

This is the full text of Michigan's ballot proposal 3 which the State Supreme Court ordered to be on the November ballot.

If passed, it applies to minors because it says it applies to "Every individual..."

It is open ended "...all matters relating to pregnancy, including but not limited to..."

It applies to pregnant men "Every individual..." or men who think they might get pregnant. Don't think for a minute that Progressive advocates don't have a list of venues where judges would hear this argument favorably.

It shields the doctor and drugstore that sell your 12-year-old daughter contraceptives and they have no obligation to inform you, her parents. "...nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual..."

Presumably, any health-care professional would be authorized to prescribe oral birthcontrol pills "...the professional judgment of an attending health care professional..." making them de facto over-the-counter medications.

Since puberty-blocking drugs, by definition, prevent pregnancy, they are protected by this proposed amendment.

Since massive doses of hormones, estrogen, progesterone and/or testosterone prevent or abort pregnancies, they are protected by this amendment. Thus gender "reassignment" drugs are protected. Even if you are a man. Even if you only think you can become pregnant.

Removal of ovaries and/or uterus are protected since "...sterilization..." is specifically listed...another gender "reassignment" procedure. These procedures are protected in this amendment...even for minors...and as a parent you have no right to be informed and absolutely no "say" in the matter. Your only input will be trying to figure out how to finance the co-pays and deductibles that are generated.

It is a very short step to including surgical tinkering with anatomy related to reproduction in the list of "...but not limited to..." protected rights.

Do you remember being in Middle School or Junior High? Did you just fall into your "tribe" or did you have to tryout several to find a fit. Did you or anybody you know seem desperate to fit in? Did you know anybody who craved acceptance or attention?

I believe this is carefully crafted to sneak a host of Progressive desires into the Constitution.