Michigan Judge Upholds Curbs on Abortion Access

A judge on Friday upheld Michigan’s new law restricting minors’ access to abortion. Anti-abortion forces praised the decision, while abortion rights groups called the ruling cowardly and promised an immediate appeal.

The law requires girls 17 and younger to have a parent’s consent for abortion or seek permission from a probate judge.

Judge Philip Schaefer said his refusal to block the law was consistent with previous state court decisions against abortion rights.

“Michigan has a long tradition of opposition to abortion, of intensely defending state statutes in light of federal interpretations and of hallowing the relationship between parents and children,” he said.

“While recent trends in California and Florida may demonstrate that states are willing to expand rights beyond the federal Constitution through interpretations of state constitutions, it is equally clear that opponents of legislation of this type have an uphill battle (in Michigan) no matter how interesting or how challenging their claims may be,” he wrote.

The decision coincidentally came on Good Friday, which every year provides a backdrop for anti-abortion protests such as a “stations of the cross” demonstration in Brookline, Mass. One of about 100 protesters carried a large cross to three clinics.

In Fargo, N.D., more than two dozen anti-abortion protesters were jailed for investigation of trespassing after a three-hour sit-in at the state’s only abortion clinic.

The sit-in came as Gov. George Sinner was deciding whether to veto the nation’s most restrictive abortion legislation, which would make it legal in North Dakota only in cases of rape, incest and endangerment of a woman’s life.

In Michigan, the executive director of the state chapter of the American Civil Liberties Union assailed Judge Schaefer’s decision as cowardly.

“I think it was a political ruling. It was a ruling that demonstrated his hostility to abortion,” said Howard Simon.

Planned Parenthood Affiliates of Michigan and the ACLU sought a preliminary injunction banning the law’s enforcement. They argued it violated minors’ constitutional rights to abortion and those of doctors who perform abortions.

The ruling in Kalamazoo County Circuit Court delighted Michigan Right to Life President Barbara Listing.

“It sends a message not only from this court but reinforces what the Legislature has said and also what the people said when they initiated the law--family is important and parents should be involved in minors’ abortion decisions,” she said.