by Mary Pollock
Legislative Vice President, Michigan National Organization for Women
www.michnow.org
September 2012
Since my last report at the June 9 Michigan NOW State Coordinating Council meeting, the capitol has been rocked by the reaction to the most extreme anti-choice legislation in Michigan history, HB 5711, 5712, and 5713. The Legislature adjourned for summer recess after June 14 with scheduled session days on July 18 and August 15 before returning September 11 for 8 more days of session before the election.
Omnibus Clinic Regulation — On May 31, HB 5711 was introduced. It combined all the pending clinic harassment bills (fetal remains disposition and coercive abortion) with some other bills on Right To Life’s wish list into one omnibus super anti-abortion clinic over-regulation bill.
HB 5711 includes not only a requirement to bury or cremate fetal remains at 10-weeks gestation or older like a dead body, but TRAP (Targeted Regulation of Abortion Provider) provisions that require all abortions be performed in a freestanding surgical outpatient facility, prohibition of evidence-based, off-label use of medical abortion drugs, a ban on telemedicine for medical abortions, requires that clinic doctors carry $1 million liability insurance, and requires screening for a newly invented crime called coercive abortion. If passed, this bill would close all or most stand-alone women’s health care clinics in Michigan if abortions are provided there.
20-Week Abortion Ban — HB 5713 would make it a 15-year felony for a doctor to perform an abortion on a 20-week or older fetus based on a theory of fetal pain unless it was to save the mother’s life. There is no exception for rape, incest, or to preserve the mother’s health or future fertility. The bill likely violates Roe and Webster. Several other states have adopted a 20-week ban and lawsuits have been filed in federal court challenging them. HB 5712 set up the penalties in the criminal code.
Quick Consideration — The bills were introduced on a Thursday and a hearing held the following Thursday before the House Health Policy Committee.
While there was standing room only in the Committee hearing room and 90 people signed up to speak including Michigan NOW, Planned Parenthood, ACLU, and others, Chair Gail Haines (R-Waterford) selected 3 supportive speakers and 3 anti-bill speakers for the 75-minute hearing. The anti-bill speakers she chose were all men, something that has been mentioned on many occasions subsequently.
Rally at the Capitol — Planned Parenthood and other pro-choice organizations produced a crowd of at least 500 people the following Tuesday. Pink PP t-shirts made quite a presence in the House gallery and hallways, the largest show of pro-choice force in many years. As a result of our presence and grassroots objections pouring into the capitol, there was no vote held on Tuesday.
The Vote — On Wednesday, June 13, a substitute HB 5711 arrived on the House floor. During debate, Rep. Lisa Brown and Rep. Barb Byrum made statements using the words ‘vagina’ and ‘vasectomy’ in their remarks. Eleven Democrats tried to introduce amendments, but none received any roll call vote and were gaveled down. The vote was 70 for and 39 against, with one absent.
Vaginagate — On Thursday, June 14, Reps. Brown and Byrum were punished with a one-day ban on their speaking rights on the House floor for their “lack of decorum” during debate the day before.
The women held a press conference about it that afternoon and the news of their censorship made national and international news. Michigan NOW issued a press release calling for discipline of the Republican House leadership for misconduct in office and abuse of discretion, which attracted a mention in several news stories.
The censorship attracted the attention of Vagina Monologues playwright Eve Ensler who offered to come to the Capitol to perform the play on Monday, June 18. She was joined by a dozen female Representatives and Senators in a Capitol steps performance that attracted over 3,000 people.
Senate Action — While HBs 5712 and 5713 were not voted on and await further action in the House, HB 5711 was transmitted to the Senate where it was referred to the Senate Judiciary Committee chaired by Senator Rick Jones (R-Grand Ledge). He is the sponsor of the original fetal remains burial bill.
A hearing on HB 5711 was announced for July 26. I called the Chair’s office to urge an open process, in contrast to the House hearing. I was assured that everyone wanting to testify would be allowed to do so. I sent our written testimony to all Committee members. Nineteen people or organizations testified, including Michigan NOW and Lansing NOW, Lori Lamerand (CEO of Planned Parenthood), and Renee Chelian (Director of Northland Family Planning Clinics). There was some sharp and hostile questioning of the latter from the Chair.
On July 18, a coalition of organizations including Michigan NOW under the leadership of the Michigan Women’s Power Assembly called supporters to the Capitol to show opposition to HB 5711 and to lobby legislators.
On August 14 I sent all Senators and the Governor our letter opposing HB 5711. Subsequently news reports suggested that HB 5711 would not be taken up before the election, that it was a potential item for Lame Duck session in late November or December.
Keeping Up The Pressure — In an effort to keep pro-choice forces tuned in and to put the Legislature and the Governor on notice that our opposition to HB 5711 and other anti-choice bills continues unabated, ACLU took the lead on planning a two-week engagement initiative called Hands Off! Dance for Reproductive Freedom. Through social media and email, the ACLU suggested something to do every day about HB 5711. It culminated in a rally and flash mob dance at the Capitol on September 20 with several hundred people in attendance. Because of the anticipated spectacle of hundreds dancing in unison, there was a lot of media present.
Other bills — Because there were limited session days in the last several months, there has not been movement on other bills of interest to us. I do not expect much activity in September or October because legislators want to be in their districts campaigning and do not want negative publicity before the election.
There was a lot of activity this summer surrounding the 7 proposed ballot issues and the 6 that made it. I attended court hearings and Board of State Canvasser meetings related to our then two endorsed ballot initiatives on collective bargaining rights and establishment of the Quality Home Care Council.
The Governor’s agenda continues to be big-picture economic items like building the international bridge, responding to the federal health care reform law, changing the personal property tax system, and reforming public employee pension and retiree health care.
I believe Republican legislators are wary of adding to the accusation that they are engaging in a War on Women. There is a huge gap in female voter support for Republicans in almost any race where it is polled. In large and small ways, women are becoming aware that most Republican lawmakers and candidates oppose access to birth control, not just abortion, and some Republican candidates have expressed outdated and unscientific theories on how women’s bodies work.
Keep Informed — Over 150 bills have been introduced in this legislative session directly affecting women’s rights in Michigan. Over 40 of these measures are anti-choice bills.
For detail on the bills mentioned here and to find your legislator, go to www.michiganlegislature.org.
See testimony and legislative updates at www.michnow.org.
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