The United States Court of Appeals for the Sixth Circuit affirmed a ruling on Tuesday by the U.S. District Court for the Western District of Michigan that dismissed a lawsuit challenging Michigan’s constitutional protections for reproductive freedom. (Library of Congress photo)

LANSING — A federal appeals court has upheld the dismissal of a lawsuit challenging Michigan’s constitutional protections for reproductive freedom.

On Tuesday, the United States Court of Appeals for the Sixth Circuit affirmed a ruling by the U.S. District Court for the Western District of Michigan that dismissed a lawsuit brought by 16 plaintiffs, including Right to Life of Michigan.

The lawsuit sought to challenge Michigan’s constitutional right guaranteeing reproductive freedom, arguing that the amendment violated the First and Fourteenth Amendments of the U.S. Constitution.

The Sixth Circuit concluded that the plaintiffs failed to establish legal standing to sue Governor Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson.

The legal dispute stems from Michigan voters’ approval of Proposal 3 in November 2022. Passed by a simple majority, the ballot initiative added Article 1, Section 28 to the Michigan Constitution, enshrining a fundamental right to reproductive freedom, including decisions involving abortion, contraception and other reproductive health care.

The amendment came following the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, which ended federal constitutional protections for abortion and returned the authority to regulate abortion to individual states. Across the country, several states quickly enacted or revived restrictive abortion bans following the ruling.

The Michigan Department of Attorney General wrote in a press release, “In Michigan, this ruling immediately threatened to revive an extreme, decades-old statute that criminalized all abortions except those performed to preserve the life of the pregnant individual.”

In November 2023, Right to Life of Michigan, Republican lawmakers and several additional plaintiffs filed a federal lawsuit challenging the amendment. The plaintiffs argued that Article 1, Section 28 infringed on parental rights, specifically claiming it “threatens parental rights related to a minor child’s decision to seek an abortion” according to a Right to Life of Michigan press release.

The Attorney General’s Office, along with the other state defendants, filed a motion to dismiss the case in January 2024. After plaintiffs amended their complaint, state attorneys again argued that the lawsuit remained fundamentally flawed and lacked merit.

The U.S. District Court for the Western District of Michigan ultimately agreed, ruling the plaintiffs suit lacked standing to pursue their claims.

In an October 2025 press release, Right to Life of Michigan argued that U.S. District Judge Paul Maloney’s dismissal “did not address the merits of the claims.”

“It shocks the conscience to see the rampant disregard for the role of parents in helping guide their children through decisions that will impact their mental and physical wellbeing, which is undeniably the case with abortion,” said Amber Roseboom, president of Right to Life of Michigan, in the statement.

Five of the original plaintiffs appealed the decision to the Sixth Circuit, which affirmed the lower court’s ruling Tuesday.

Following the Sixth Circuit’s decision, Roseboom said, “While the decision from the Sixth Circuit Court of Appeals is disappointing, it is based entirely on what is known as ‘standing,’ without addressing the merits or specifics of the actual challenge. Our narrow appeal sought to challenge the overreach of Proposal 3 and the threat it poses to parental rights related to a minor child’s decision to seek an abortion. Parental consent for abortion remains in Michigan law and is supported by the large majority of Michigan voters.”

State officials celebrated the appeals court ruling as another affirmation of Michigan voters’ decision to protect reproductive rights.

“From the start, this lawsuit was a procedurally flawed, meritless and politically motivated attack on reproductive rights that Michigan voters overwhelmingly supported,” Nessel said in a statement following the ruling.

“I am relieved that the Court has once again rightly rejected this unfounded challenge,” Nessel continued. “Although a loud faction remains determined to undermine bodily autonomy, the Michigan Constitution guarantees that decisions about your health belong to you. My office will continue to defend the reproductive freedom of Michiganders.”

Whitmer also praised the United States Court of Appeals for the Sixth Circuit’s decision.

“Every Michigander deserves the right to make their own decisions about their own bodies,” Whitmer said. “I’m proud of this decision, which protects Proposal 3 and affirms the fundamental right to reproductive freedom in our Constitution. In Michigan, we’ll always fight like hell for your rights.”

The Sixth Circuit’s ruling leaves Michigan’s constitutional protections for reproductive freedom intact.

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Sophie Vogelmann can be reached at 906-786-2021 or svogelmann@dailypress.net.