Michigan 2025 HB 4671
Overview
Michigan 2025 HB 4671
Filed by Michigan State Representative Joshua Schriver
Legislative updates:
Provides Equal Protection to Preborn Children
If we truly believe that a fetus is a person made in the image of God, then to be consistent with the Constitution and God’s word, the laws which protect human beings who are born must equally protect those who are not yet born.
“No state shall deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution, 14th Amendment).
“No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation” (Michigan Constitution, Article I, § 2).
“There are inconsistencies between Fourteenth Amendment status and the typical abortion statute. If the fetus is a person, why is the woman not a principal or an accomplice? If the fetus is a person, may the penalties be different?” Supreme Court of the United States. Roe v. Wade, 410 U.S. 113, 157-58 n. 54 (1973).
“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets” (The Golden Rule, Matthew 7:12).
“You shall love your neighbor as yourself” (Mark 12:31).
“You shall not be partial in judgment” (Deuteronomy 1:17).
FAQs
Can Michigan abolish abortion even though Proposal 3 enshrined the “right to reproductive freedom” into the state constitution?
In 2022, Proposal 3 was approved by Michigan voters. This amendment to the Michigan Constitution says that “every individual has a fundamental right to reproductive freedom,” including through abortion, contraception, and fertility measures.[1]
Though voters approved Proposal 3, the provision is null and void because it contradicts the U.S. Constitution, which says in the Fourteenth Amendment that no state may deny to any person the equal protection of the laws.[2]
Most importantly, the amendment contradicts the law of God, which makes clear that we shall not murder. The command not to murder includes all people created in the image of God, including those who have not yet been born.[3]
Passing an abolition bill like HB 4671 that explicitly applies the equal protection of the laws to preborn babies in Michigan would set up a legal challenge against the current abortion language in the Michigan Constitution.
NOTES:
Michigan Constitution, Article I, § 28
U.S. Const. 14th Amendment, § 1
Foundation to Abolish Abortion, "Biblical Principles on Equal Protection.”
Does the bill criminalize women?
No. The bill criminalizes the act of knowingly and willfully causing the death of a preborn child.
To deter such conduct and to provide equal protection of the laws, the bill does prohibit everyone, including pregnant mothers, from engaging in the unlawful act of prenatal homicide.
Once the bill is passed and becomes effective, the justice system would determine on a case-by-case basis whether any report of suspected prenatal homicide would be investigated and prosecuted and for what charge, and whether anyone would be convicted and sentenced. This justice system includes:
Law enforcement
Prosecutors
Grand juries
Trial juries
Judges
Multiple appellate courts
Governor
All defendants would have the right to an attorney, the right to remain silent, and all other constitutionally required due process. The state would bear the burden of proving its case beyond a reasonable doubt.
Finally, before any sentence could be imposed upon any defendant, the people participating in that justice system process would be required to be in nearly unanimous agreement that the process and outcome were just.
Could anyone who has been involved with an abortion in the past be prosecuted?
The bill explicitly prohibits retroactive enforcement, as do the Michigan and U.S. constitutions.
Could the bill punish women who have had miscarriages?
No. The bill explicitly provides that it would not apply to accidental or natural deaths (i.e. spontaneous miscarriages).
Could a mother forced into an abortion be convicted?
No. A mother forced into an abortion by duress (i.e. while threatened with imminent death or serious bodily injury) is not subject to criminal liability. Instead, the bill would allow for prosecution of the person who forced or pressured her.
Would the bill allow doctors to deal with life-threatening medical emergencies like ectopic pregnancies?
Yes. The bill explicitly allows for that.
SECTION-BY-SECTION
Bill Section 89a
Subsection 1
This section names the legislation as the “Justice for Babies in the Womb Act.”
Subsection 2
This provides that all existing assault and battery laws (both statutory and common law) that already protect born people would apply to protect preborn people as well.
Subsection 3
The bill does not apply to medical care resulting in the unintentional injury or death of an unborn child resulting from lifesaving procedures undertaken to save the life of a pregnant mother when accompanied by reasonable and available steps to save the life of the mother’s unborn child.
This provision is consistent with the Dublin Declaration. If you have questions about how a life of the mother provision is consistent with equal protection, see Understanding Life of the Mother Provisions in Prenatal Equal Protection Legislation.
The bill does not apply to a spontaneous miscarriage (the accidental or natural death of the unborn child).
Subsection 4
This clarifies that all existing due process protections for those accused of assault of a born person would also apply to those accused of assault of an unborn person, such as:
Presumption of Innocence: A person is presumed innocent until the government proves beyond a reasonable doubt that the person is guilty.
Mistake of Fact Defense: A person who misunderstands a material fact of what they are doing is not guilty if such mistake negates the existence of the mental state required by the offense.
Laws of Parties: Everyone willfully involved with the homicide can be prosecuted, including an abortionist physician and anyone who pressures the mother into the abortion.
Immunities: For example, prosecutors could grant immunity to mothers to testify against the abortionist or others.
Clemencies: The governor can exercise executive clemency and commute/reduce the sentence of or completely pardon a person, even if the person had been lawfully convicted and sentenced.
Subsection 5
This provision makes clear that the bill does not repeal any previous laws regarding the lives of preborn babies but does supersede those laws in the event of any conflict.
Subsection 6
This provision defines the terms “spontaneous miscarriage” and “unborn child” in the legislation.
Bill Section 322a
This section adds a short title to the legislation.
Subsection 1
This section names the legislation as the “Justice for Babies in the Womb Act.”
Subsection 2
This provides that all existing homicide and battery laws (both statutory and common law) that already protect born people would apply to protect preborn people as well.
Subsection 3
The bill does not apply to medical care resulting in the unintentional injury or death of an unborn child resulting from lifesaving procedures undertaken to save the life of a pregnant mother when accompanied by reasonable and available steps to save the life of the mother’s unborn child.
This provision is consistent with the Dublin Declaration. If you have questions about how a life of the mother provision is consistent with equal protection, see Understanding Life of the Mother Provisions in Prenatal Equal Protection Legislation.
The bill does not apply to a spontaneous miscarriage (the accidental or natural death of the unborn child).
Subsection 4
This clarifies that all existing due process protections for those accused of homicide of a born person would also apply to those accused of homicide of an unborn person, such as:
Presumption of Innocence: A person is presumed innocent until the government proves beyond a reasonable doubt that the person is guilty.
Mistake of Fact Defense: A person who misunderstands a material fact of what they are doing is not guilty if such mistake negates the existence of the mental state required by the offense.
Laws of Parties: Everyone willfully involved with the homicide can be prosecuted, including an abortionist physician and anyone who pressures the mother into the abortion.
Immunities: For example, prosecutors could grant immunity to mothers to testify against the abortionist or others.
Clemencies: The governor can exercise executive clemency and commute/reduce the sentence of or completely pardon a person, even if the person had been lawfully convicted and sentenced.
Subsection 5
The bill explicitly provides that a mother forced into an abortion by duress (i.e. while threatened with imminent death or serious bodily injury) is not subject to criminal liability. Instead, the bill would allow for prosecution of the person who threatened her.
If you have questions about how a duress defense distinction is consistent with equal protection, see Understanding Duress Provisions in Prenatal Equal Protection Legislation.
Subsection 6
This provision makes clear that the bill does not repeal any previous laws regarding the lives of preborn babies but does supersede those laws in the event of any conflict.
Subsection 7
This provision defines the terms “spontaneous miscarriage” and “unborn child” in the legislation.
Additional Notes
The bill would become effective 90 days after being filed by the governor in the office of the secretary of state.