senate resolution no.92

Senators Bayer, McMorrow, Geiss, Moss, Polehanki, Alexander, Hollier, Chang, Brinks, Wojno and Santana offered the following resolution:

A resolution to urge the United States Congress and the President of the United States to enact legislation that would protect a health care provider’s ability to provide abortion services.

Whereas, The freedom to control decisions about whether and when to have a child is a fundamental component of gender equality. The choice to bear a child is deeply personal and can profoundly impact a woman’s physical and mental health, future professional opportunities, and her ability to achieve her fullest potential. While both men and women are responsible for bringing new life into the world, only women have been expected to sacrifice their health, safety, ambitions, and even their lives, for an unwanted pregnancy; and

Whereas, The landmark Supreme Court decision, Roe v. Wade, recognized that the fundamental right to privacy includes a woman’s right to choose to have an abortion. While this right must be balanced against the state’s interest in the “potentiality of human life,” the weight of these interests vary over the course of a pregnancy. State laws that broadly prohibit abortion regardless of the stage of pregnancy violate the right to privacy under Roe v. Wade; and

Whereas, In spite of the clear holding in Roe v. Wade, state laws have been chipping away at women’s reproductive freedom for decades by imposing restrictions on abortion that are not evidence-based and do not confer any health or safety benefits. Most recently, the state of Texas enacted an abortion ban that prohibits abortion as early as six weeksinto pregnancy, before many women realize they are pregnant. According to the ACLU, approximately 85 to 90 percent of people who obtain abortions in Texas are at least six weeks pregnant. As a result, very few women in Texas will have access to the fundamental right that they are guaranteed by the Constitution of the United States; and

Whereas, In response to the U.S. Supreme Court’s recent decision to deny an emergency request to block the abortion ban in Texas, lawmakers in other states will likely follow suit and enact similar restrictions that will decimate access to abortion services across the country. Swift action by Congress is needed to pass federal legislation that will work to protect women’s reproductive freedom; and

Whereas, The Women’s Health Protection Act (WHPA) of 2021 would establish that a health care provider has a statutory right to provide abortion services and that a provider’s patient has a corresponding right to receive such services. The act would prohibit laws that impose burdensome restrictions that limit a provider’s ability to provide abortion services, such as requiring doctors to perform unnecessary tests and procedures, preventing doctors from prescribing medically appropriate medication, establishing restrictions on medical training for future abortion providers, and implementing mandatory waiting periods for patients; and

Whereas, The WHPA is necessary in order to ensure equality at every level. Abortion-specific restrictions affect the cost and availability of abortion services. Therefore, only a certain population of women with the means to overcome these restrictions will be able to access a medically necessary procedure. Restrictions on reproductive health that create unequal burdens among women perpetuate systems of oppression and exacerbate existing inequality. By limiting the restrictions, Congress can ensure that all women, regardless of their background, have access to safe and affordable abortions; and

Whereas, Access to essential health care, including abortion services, is central to achieving reproductive justice and enabling every individual to fully participate in economic and social life. True equality cannot be achieved until everyone has the economic, social, and political power and autonomy to control their own bodies and make decisions about lives with equal dignity and self-determination; now, therefore, be it

Resolved by the Senate, That we urge the United States Congress and the President of the United States to enact legislation that would protect a health care provider’s ability to provide abortion services; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.