Legal Challenge to Constitutionality of Proposal 3

Click here to read the press release.


The plaintiffs in the case are Right to Life Michigan; American Association of Pro-life Obstetricians and Gynecologists, on behalf of itself, its members, and their patients; Gina Johnsen, Representative, Michigan House of Representatives; Luke Meerman, Representative, Michigan House of Representatives; Joseph Bellino, Jr., Senator, Michigan Senate; Melissa Halvorson, M.D.; Christian Medical and Dental Associations, on behalf of itself, its members, and their patients; Crossroads Care Center; Celina Asberg; Grace Fisher; Jane Roe, on behalf of preborn babies; Andrea Smith; John Hubbard; Lara Hubbard; Save the 1, on behalf of itself and its members; and Rebecca Kiessling.

Overview of Lawsuit

The lawsuit advances five claims under the United States Constitution, and those claims are briefly summarized below.

First, that Art. I, Sec. 28 (Proposal 3) causes great harm to pregnant women (and others) as a class by exempting them from the legal protections afforded to other classes of individuals in violation of the equal protection guarantee of the Fourteenth Amendment.

Second, that Art. I, Sec. 28 violates parental rights protected by the Fourteenth Amendment as it deprives parents of their right to direct the upbringing and education of their minor children by excluding them from their children’s decisions regarding “reproduction.”

Third, that Art. I, Sec. 28 violates the Free Exercise Clause of the First Amendment by overriding any objection on religious grounds to endorsing, providing, or supporting procedures involving “reproduction,” thereby infringing on the rights of conscience and religious exercise protected by the First Amendment.

Fourth, that Art. I, Sec. 28 deprives preborn babies, particularly those with disabilities, newborn babies following a failed abortion, and partially born babies of the right to life without due process of law in violation of the Due Process Clause of the Fourteenth Amendment.

Fifth, that Art. I, Sec. 28 creates an unprecedented, super-right to “reproductive freedom” that remains immune from any legislative action, thereby nullifying the legitimate authority of a coordinate branch of government (the legislative branch) in violation of the Guarantee Clause of the U.S. Constitution, which guarantees private citizens the right to a republican form of government and thus protects them from the tyranny of the majority.