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New pro-life petition is not necessary,
Church leaders say

Joe Kohn of The Michigan Catholic
Published March 24, 2006

Detroit – A group called Michigan Citizens for Life is knocking on many doors, including church doors, during a petition drive to put a constitutional amendment on Michigan’s November ballot.

But the Church’s public policy voice in Michigan says the petition drive – which seeks to create an amendment to the state’s constitution that defines life as beginning at the moment of conception – is unnecessary, and its execution is inadequate.

“Current state law prohibits abortion in Michigan,” said David Maluchnik, spokesman for The Michigan Catholic Conference, the Church’s public policy arm, “but that law lies dormant due to (the 1973 U.S. Supreme Court Decision) Roe v. Wade. If that decision were to be overturned, Michigan is well-equipped from a statutory perspective to outlaw abortion.”

Maluchnik added that the U.S. Supreme Court doesn’t appear to have enough justices who disagree with Roe v. Wade, which in essence prevents states from passing any limits on abortion.

The conference’s president, Sr. Monica Kostielney, RSM, sent a letter to parishes last week regarding the petition drive. The letter stated three reasons the conference does not support the drive.

“Michigan already has a law banning abortion, which remains dormant due to Roe v. Wade,” Sr. Kostielney wrote. “Second, the U.S. Supreme Court will soon revisit the issue of partial-birth abortion and, potentially, the issue of Roe itself. Finally, this effort (the petition drive) is not built upon a broad-based coalition.”

The conference regularly champions widespread efforts to protect human life through the state government.

But the conference and other well-established pro-life organizations, such as Right to Life of Michigan, were not approached before the campaign began, Maluchnik said.

“It could be said that the proponents of this campaign have utilized tactics that are less than acceptable,” he said.

Regarding the aim of Michigan Citizens for Life – to create an amendment on the state’s constitution – Maluchnik said the precedent set within state law is strong enough to ensure the illegality of killing unborn children if ever Roe v. Wade should be overturned.

“State law has always been viewed as the legitimate and controlling public policy of Michigan regarding abortion,” he said. “This is exemplified in the 2001 Court of Appeals ruling that said existing state law prohibiting abortion cannot be repealed by implication.

“Michigan’s ban on abortion, according to the courts, is still effective.”

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