Law Center Seeks Supreme Court Review of Case Defending Michigan's Legal Birth Definition Act
by Staff
September 13, 2007
ANN ARBOR, MI (christiansunite.com) - The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed a petition with the U.S. Supreme Court, asking the Court to review a case that seeks to establish the right of a State to define the moment when a human being is born and therefore a person under the law. This law, known as the Michigan Legal Birth Definition Act, was proposed by initiative petition and drew the support of nearly 460,000 Michigan citizens. The Act is an alternative approach to banning the grisly partial-birth abortion procedure, and it reaffirms the right of a State to defend human life.Robert Muise, the Law Center attorney handling the matter, commented, "Not content with doing their killing inside the womb, abortionists want the right to kill a child that is in the process of being born. However, States have the right to draw a line between abortion and infanticide. The Legal Birth Definition Act defines the point at which a child is a person under the law and therefore entitled to rights, including the most basic right to life."
The ACLU, Planned Parenthood and others filed a federal lawsuit against the Act, claiming that the law violates a woman's right to abortion. The Act was struck down by a federal judge in Michigan, and that decision was upheld by the federal Sixth Circuit Court of Appeals in Ohio. In its petition to the U.S. Supreme Court, the Law Center is representing Standing Together To Oppose Partial-birth-abortion ("STTOP"), the ballot question committee formed by Michigan Right to Life, which played a crucial role in enacting this citizen-initiated legislation.
In October 2003, pro-abortion Michigan Governor Jennifer Granholm vetoed a bill passed by the Legislature to ban partial-birth abortion. In response, the citizens of Michigan, through the efforts of STTOP, gathered nearly 460,000 signatures, 200,000 more than needed to adopt the legislation without the governor's approval. The Legal Birth Definition Act was subsequently passed by a simple majority vote in both the Michigan House and Senate. STTOP's petition drive was one of the most successful petition drives in recent Michigan history.
On March 1, 2005, the ACLU and other abortion proponents filed a lawsuit in federal court in Detroit, Michigan, against the Michigan Attorney General and others, seeking to overturn the will of the people of Michigan, claiming that the Legal Birth Definition Act violates their right to have and perform abortions. The Law Center sought to intervene in the federal case on behalf of STTOP, arguing that STTOP has a substantial interest in upholding the constitutionality of this law and further noting that STTOP represents the voice of the citizens of Michigan who have a substantial interest in the protection and preservation of human life.
In September 2005, Clinton-appointed, federal judge, Denise Page Hood, denied the Law Center's request to intervene on behalf of STTOP and declared the Act unconstitutional, claiming, in part, that it placed "an undue burden on the woman's right to reproductive choice" by banning "safe" abortion procedures. Both STTOP and the Attorney General appealed the judge's ruling to the Sixth Circuit Court of Appeals, which recently affirmed.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, "The constitutional right to abortion is an abhorrent mark on our nation affixed by the courts. The intentional killing of innocent babies will never be acceptable to us, and we will do everything we can to stop it."
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit their website at www.thomasmore.org.
