Partial Birth Abortion Ban

H.B. 5889 of 1996
P.A. 273 of 1996
MCL 333.17076
Sponsor: Rep. Jim Ryan

Effective Date: March 28, 1997 - ruled unconstitutional on July 31, 1997

This bill bans partial-birth abortions in Michigan. The effective language is identical to a 1996 federal bill, which overwhelmingly passed with bi-partisan support. This legislation prohibits a physician from performing a partial-birth abortion. A physician may perform a partial-birth abortion if a pregnant woman’s life is endangered by a physical disorder, physical illness, or physical injury and no other medical procedure will save the woman’s life.

Roe v. Wade applies only to an “unborn” child. During the partial birth abortion procedure a child is partially extracted from the womb and then killed before the delivery is completed. A ban on partial-birth abortions is rationally related to the following legitimate state interests: (a) protecting innocent, individual human lives, (b) protecting societal respect for human life, (c) preventing cruelty to living beings, and (d) preserving the integrity of the medical profession.

This act is not effective because it was struck down as unconstitutional in Evans v. The People on July 31, 1997.

More History

Infant Protection Act of 1999