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Michigan Legislature
Michigan Compiled Laws Complete Through PA 48 of 2019

Senate: Adjourned until Wednesday, October 23, 2019 10:00:00 AM


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Act 135 of 2004
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LEGAL BIRTH DEFINITION ACT

Act 135 of 2004

An initiation of Legislation to define legal birth and the commencing of legal personhood and rights; and to provide immunity for certain acts.


History: 2004, Act 135, Eff. Mar. 30, 2005
Constitutionality: The U.S. 6th Circuit Court of Appeals, affirming the U.S. District Court's decision in Northland Family Planning v Cox (docket Nos. 05-2417 and 05-2418, published June 4, 2007), held that the Legal Birth Definition Act, an act initiated by citizen petition, is unconstitutional. The court held that "invalidation of the law is the only available course" since the act "imposed an undue burden on a woman's right to terminate her pregnancy by prohibiting the D and E procedure, because it failed to adequately protect the health of the woman, and because it was void for vagueness due to its confusing language."
Compiler's Notes: This new act was proposed by initiative petition pursuant to Const 1963, art 2, § 9. On June 9, 2004, the initiative petition was approved by an affirmative vote of the majority of the Senators elect and filed with the Secretary of State. On June 9, 2004, the initiative petition was approved by an affirmative vote of the majority of the Members elect of the House of Representatives and filed with the Secretary of State. The Legislature did not vote pursuant to Const 1963, art 4, § 27, to give immediate effect to this enactment.


© 2017 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 333.1081SectionShort title.
Section 333.1082SectionFindings.
Section 333.1083SectionPerinate as legally born person; immunity.
Section 333.1084SectionExisting right, privilege, or protection.
Section 333.1085SectionDefinitions.
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