(Source: MIRS.news, Published 01/10/2023) Eliminating mandatory parental consent for minors seeking abortion services – discussed heavily during last fall's Proposal 3 debate – could become a source of debate within Michigan's new Democratic leadership.
In past sessions, Democrats as a minority caucus have introduced legislation to remove the state's parental consent law for minors seeking abortions. Currently, only a judge can issue an exception if there's fear of abuse. Now in the majority, Democrats must wrestle with the question of whether these same bills get a floor vote and get a chance of making it to the Governor's desk.
MIRS asked Sen. Stephanie Chang (D-Detroit), Senate Democrats' new caucus policy and steering chair, who has supported and co-sponsored this type of legislation before.
"But I think we're in a different time . . . Now that we've seen what Michigan voters have supported with the passage of Proposal 3, I think we need to reexamine all previous legislation," Chang said. "I think at this point, it's too early to say what that would look like."
In November 2021, before Roe v. Wade was overturned, the Progressive Women's Caucus heralded the Reproductive Health Care Act (RHA).
The package removed Michigan's 24-hour waiting period for patients to obtain an abortion, repealed the ban on private insurance coverage for abortion care and removed the state's parental consent requirements for young, non-emancipated individuals, among other things.
Proposal 3 of 2022 enshrined into the constitution a Michigander's right to access an abortion, contraception or other reproductive care. At the time, opponents led by Right to Life and the Michigan Catholic Conference claimed the amendment allowed minors to get an abortion regardless of the state law requiring they get their parents' sign off first. Proponents dodged this assertion by simply saying Proposal 3 returned Michigan to the same rules in place prior to the Roe decision being overturned by Dobbs.
Proposal 3 won with 56% of the vote, earned around 52,000 more "yes" votes than what winning Democratic Gov. Gretchen Whitmer received.
So which is it? Does parental consent stay or go?
When asked if removing parental consent was still a priority after the Proposal 3 debate, House Speaker Pro Tem-elect Laurie Pohutsky (D-Livonia) said that it still is for her personally.
"But I know that there are broader conversations that need to take place. I am certainly of the opinion that we shouldn't start from a position of negotiating against ourselves," said Pohutsky, the chair of the Progressive Women's Caucus.
Pohutsky told MIRS that "equitable access is equitable access," and that there are unfortunately cases where young people do need abortion care. But ultimately, she said she doesn't have a firm answer on how the topic will be prioritized in 2023.
The ACLU has shared national studies stating that 22% of teenagers who had sought out an abortion without their parents knowing feared they would be kicked out of the home if their parents found out. The ACLU additionally referenced that more than 8% of teenagers believed the discovery of their abortion by a parent would result in physical abuse if they'd been beaten before by them.
"Most young people already involve their parents in their sexual and reproductive health care decisions, as well as their abortion decisions," said Chief Executive Officer Paula Thornton Greear of Planned Parenthood of Michigan to MIRS. "Those who cannot or choose not to involve a parent do so for reasons rooted in their own safety and well-being often have a network of support that includes close family members or other trusted adults."
Meanwhile, Legislative Director Genevieve Marnon of Right to Life of Michigan told MIRS one thing that should "scare the heck out of parents" is the federal Food and Drug Administration (FDA) authorizing pharmacies to seek certification to dispense abortion pills.
She said without parental involvement, a 15-year-old could do a telemedicine abortion visit with a doctor over her cellphone, and later pick up a prescription from the local CVS.
"...And you won't necessarily (even) have any idea of what's going on – that can be concerning, don't you think?" Marnon said. "She doesn't even have the ability to drive."
Fourteen states like Connecticut, Illinois and Maine – plus Washington, D.C. – do not require parental involvement for a young person seeking an abortion.
The question over parental consent made its way on the debate stage in 2022.
For example, on Oct. 10 during a debate between new Sen. Kristen McDonald Rivet (D-Bay City) and opponent Annette Glenn in the 35th Senate district (featuring Bay City, Saginaw and Midland), candidates were asked if they supported current state laws requiring parental consent for a minor and safety regulations in statute for abortion clinics.
"Now, parental consent? Of course, with reasonable workarounds where there's abuse present," Rivet said on the debate stage.
When MIRS asked Senate Minority Leader Aric Nesbitt (R-Porter Township) about the subject of parental consent and abortion, he illustrated how proponents of Proposal 3, which significantly included Democratic candidates in Michigan, "expressly denied claims that the constitutional amendment would do anything more than codify Roe."
"If the far-left wing of the Democratic caucus attempts to eliminate parental consent laws or remove the ban on partial birth abortion, it will be a clear demonstration that this slim Democratic majority has no intention of respecting the will of the voters," Nesbitt said.
