Tuesday June 5, 2007
Partial-Birth Abortion Ban in Michigan Unconstitutional: Federal Appeals Court
460,000 Michigan citizens had signed petition supporting ban passed in legislature
By Gudrun Schultz
LANSING, Michigan, June 5, 2007 (LifeSiteNews.com) - An appeals court rejected a Michigan law banning partial birth abortions as unconstitutional yesterday, despite the recent US Supreme Court decision upholding a federal ban on the procedure.
The 6th U.S. Circuit Court of Appeals found the Michigan ban--known as the Legal Birth Definition Act--was too broad and could be used to apply to other abortion methods performed earlier in pregnancy, the Detroit Free Press reported June 4. The bill would place an "undue burden" on a woman's ability to obtain an abortion, the appeals panel said in upholding an earlier opinion issued by a Detroit district judge.
The legislation did not address the procedure used in partial-birth abortion, instead focusing on the legal definition of a person. Under the law a baby would be considered a person as soon as any part of the child was outside the body of the mother.
Pam Sherstad, spokesperson for Right to Life of Michigan, said the decision was a disappointment given the amount of effort that had gone into a petition drive to override a 2004 veto of the bill by Gov. Jennifer Granholm.
"The issue will be reviewed carefully because we feel an obligation to the 460,000 people who signed those petitions," Sherstad said.
The Michigan Catholic Conference and Right to Life of Michigan led the powerful 2004 campaign, known as The People's Override, to collect enough signatures to ensure a veto-proof version of the bill would pass the legislature.
The Attorney General's Office may file an appeal of the ruling after a review is completed, said Matt Frendewey, spokesman for Attorney General Mike Cox.
See previous LifeSiteNews coverage:
325,000 Michigan Residents Sign Partial-Birth Abortion Ban Petition
http://www.lifesite.net/ldn/2004/mar/04031208.html
Activist Michigan Judge Strikes Down Partial-Birth Abortion Ban
http://www.lifesite.net/ldn/2005/sep/05091501.html
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