michigan-capitol-wide.jpg
The Michigan Capitol in Lansing as seen in the summer of 2013.
(Jonathan Oosting | MLive.com)
LANSING, MI -- Michigan's Republican-led Legislature on Wednesday approved controversial legislation that will prohibit insurers from paying for abortions unless a woman has already purchased coverage through a separate rider.
The "citizen-initiated" law, backed by Right to Life of Michigan, will take effect in March without crossing the governor's desk or appearing on the statewide ballot next year.
House and Senate leadership took up the measure shortly after 4 p.m., prompting a series of impassioned speeches from opponents, who have called the bill a "rape insurance" proposal because it does not include any exceptions for abortion coverage beyond imminent death of the mother.
Senate Minority Gretchen Whitmer, D-East Lansing, cited the need to put a face on the issue as she told her colleagues that she was raped 20 years ago, tearing up as she shared her personal story and thanking God that she was not impregnated as a result.
"The Republican male majority continues to ignorantly and unnecessarily weigh in on important women's health issues that they know nothing about," said Whitmer, one of four women who serve in Michigan's upper chamber. "As a legislator, a lawyer and a mother of two girls, I think the fact that rape insurance is even being discussed by this body is repulsive."
Other opponents -- male and female -- shared personal stories about miscarriages in their families, questioning how the proposal would impact problematic pregnancies that may require termination or expensive hospital stays.
Rep. Amanda Price, R-Park Township, spoke in support of the measure on the House floor, arguing that residents who are morally opposed to abortion should not have to pay premiums for policies that include the coverage.
"No matter how we frame the issue before us, abortion is an individual choice," said Price, who is one of 24 women serving in the state House. "As such, it is up to each individual to make the decision how they will pay for such procedures."
The Senate approved the bill shortly before 5 p.m. in a 27-11 vote, with one Democrat crossing the aisle to vote with Republicans. The House followed suit 20 minutes later, approving the measure in a 62-47 vote with support from two Democrats and the lone independent. Neither chamber had the 2/3 majority necessary for immediate effect.
Republican Gov. Rick Snyder vetoed a similar measure last year, in part, because he thought it would "interfere" with the private marketplace by prohibiting insurers from offering coverage options of their choice. He also cited the lack of exceptions for cases involving rape or incest.
Right to Life of Michigan returned the bill to the Legislature last week by way of the state's infrequently-used citizens initiative process, giving lawmakers 40 days to vote on the proposal or the choice to let it advance to the ballot in 2014. The process does not allow for a veto, meaning Snyder cannot reject the bill a second time.
The anti-abortion group promoted its proposal as a means to "opt out" and ensure that taxpayer-subsidized policies offered under the Affordable Care Act will not include abortion coverage. Twenty-three states reportedly restrict abortion coverage in Obamacare exchanges, but only 8 have restrictions that also apply to all private insurance plans.
None of the individual policies currently available on Michigan's federally-run exchange include elective abortion coverage, according to the state Department of Insurance and Financial Service, and just three plans offered to small employers do. Some of the policies make exceptions for "medically necessary" abortions.
Right to Life President Barbara Listing, in a released statement, thanked upwards of 300,000 residents who signed petitions circulated by the nonprofit and applauded lawmakers who "stood firm in their resolve and voted to ensure no person is forced to fund the deliberate taking of an innocent human life in the name of health care."
While the proposal has prompted heated debate in Lansing, the full impact of the new law remains unclear. State statistics show that just 3.3 percent of abortions performed here in 2012 were covered by insurance. Additionally, self-funded health plans offered by some large employers and government agencies are unlikely to be affected.
The law will allow women to purchase abortion coverage through a separate rider, but it does not require insurers to offer the policy add-ons, and companies that operate here have been reluctant to discuss the controversial proposal. It's also unclear whether any insurers actually offer abortion riders in states with similar laws.
State Rep. Marcia Hovey-Wright, D-Muskegon, said the idea of an abortion rider is a "false promise" and suggested plans are in the works for another petition drive seeking to overturn the new law.
"Do not under estimate the power of a lot of angry women and the men who support us," said Hovey-Wright. "A 'yes' vote puts you on the wrong side of history. It's actually a force out, not an opt out."
Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Google+ or follow him on Twitter.