Anyone Can Perform an Abortion?

August 1, 2022

Section 3 of the Anything Goes Abortion Amendment would allow anyone to perform an abortion—or any other procedure on a pregnant woman.

The second half of the section reads, “Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.”

Consent is the only thing that matters. If a pregnant woman consents to her neighbor performing an abortion or a c-section on her, the state can’t do anything to stop the neighbor—who doesn’t have a medical license—or punish them after the fact.

It’s bad enough other parts of the amendment replace doctors with any “health care professional,” but this section doesn’t even have that bare minimum. The section says “someone,” meaning anyone can practice obstetrics.

Is that safe? Should Michigan have a constitutional right for anyone to be an obstetrician?

This section was obviously written to prevent the state from stopping abortionists and people facilitating abortions. However, the language is written so broadly that it would destroy Michigan’s ability to require safe healthcare for pregnant women.

The section even calls into question the ability of the pregnant woman to sue the unlicensed quack if they screw up. Let’s say she does and wins in court: the quack can refuse to pay and continue operating. How is the court going to seize their property or garnish their wages? How can state health officials stop them from continuing?

The Anything Goes Abortion Amendment has the appearance of being all about women making choices, but it’s really just an unlimited get out of jail free care for quacks.