Amended Complaint Filed in Lawsuit Challenging Michigan’s Proposal 3

Yesterday, the American Freedom Law Center, along with co-counsel Great Lakes Justice Center, filed an amended complaint in their federal civil rights lawsuit challenging on federal constitutional grounds Michigan’s Proposal 3, which created a super-right to “reproductive freedom” under the Michigan Constitution.

The proponents of Proposal 3 launched a massive propaganda campaign, which was overwhelmingly funded by out-of-state money, that deceived Michigan voters into believing that Proposal 3 would merely “Restore Roe.”  It does no such thing.

The Amended Complaint is rather lengthy, but it is worth reading.  It lays out the case that Proposal 3, which resulted in Article I, § 28 of the Michigan Constitution (a right to “reproductive freedom”), is exceedingly harmful to women and children.  Indeed, this constitutional provision is a Trojan Horse for the left-wing’s radical pro-abortion and “gender-reassignment” agenda . . . and worse.

When the lawsuit was filed on November 8, 2023, the Michigan Attorney General, Dana Nessel, ran to the media to denounce it as an attempt to subvert the will of the Michigan voters.  The friendly media was more than willing to serve as an echo chamber for Nessel.

Nessel’s chutzpa is only surpassed by her desire to weaponize the Office of the Attorney General.

Nessel, as a private attorney, spearheaded the legal challenge to the Michigan marriage amendment, which passed by a greater percentage of the vote than Proposal 3.  The marriage amendment was eventually struck down by the U.S. Supreme Court.  Where were the complaints that Nessel and her fellow challengers were subverting the will of the voters?  The media was silent.

As set forth in the Amended Complaint, Article I, § 28 runs afoul of the First and Fourteenth Amendments and the Guarantee Clause of the U.S. Constitution.

The lawsuit, which seeks a declaration that § 28 violates the U.S. Constitution and an injunction preventing its enforcement, was filed on behalf of sixteen plaintiffs, including, among others, Right to Life Michigan, the American Association of Pro-life Obstetricians and Gynecologists, two Michigan Representatives, a Michigan Senator, Christian Medical and Dental Associations, Crossroads Care Center, a physician, two moms, and parents with children in public schools.