Legislative / Policy Update

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Mail:
          
Governor Gretchen Whitmer
          P.O. Box 30013
          Lansing, Michigan 48909

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Good Citizenship Guide – How to… 

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May 2020. Many matters pending before the U.S. Congress and your State Legislature impact Christian people.  Here is a summary of some of the most important ones.

Legislative & Policy Matters Impacting Christian People – Update

United States Government – Executive Branch

Justice Center Supports Executive Branch Rule-making to Protect Religious Conscience

On January 16, 2020, the White House announced a comprehensive rule-making covering nine Executive Branch Departments. These rules will protect freedom of speech and religious conscience in many areas, including in primary, secondary and higher education institutions. Click here for an official copy of the Rule

Justice Center Supports Department of Education Move to Protect Religious Liberty

On January 16, 2020,  U.S. Secretary of Education Betsy DeVos announced that the Department of Education is taking several concrete actions to protect religious liberty and ensure the Department is acting in accordance with the First Amendment. The Department announced a proposed rule ensuring the equal treatment and constitutional rights of religious organizations and faith-based institutions, as well as First Amendment freedoms owed to students on campus. As directed by Congress, the agency will also release updated guidance regarding constitutionally protected prayer in schools.  The Justice Center supports these reforms.

United States Government – Legislative Branch

Justice Center Opposes H.R. 6666. 

HR 6666, a bill before Congress, is known as”The TRACE Act,”

This proposed law authorizes spending $100 billion in 2020 for

the Secretary of Health and Human Services to award grants to eligible entities to conduct diagnostic testing for COVID–19, and related activities such as contact tracing, through mobile health units and, as necessary, at individuals’ residences, and for other purposes

HR 6666 substantially interferes with many constitutional liberty interests and presents a clear and present danger to the constitutional governance. 

Justice Center Opposes H.R.5. 

HR 5, a bill before Congress, targets Christian people and our sincerely held Christian values. It  compels Christian people to endorse, accept, and embrace anti-Biblical sinful sexual conduct. Now before the House of Representative, HR 5 forces churches to wed same-sex couples and hire cross-dressing teachers. It permits men to use women’s restrooms and dressing rooms, If your church refuses, it loses its tax-exempt status. Under the bill Churches also face expensive litigation, fines and financially crippling court judgments. Most troubling, under the provisions of HR 5, your free exercise of religion is no longer a defense.

Under HR 5 Churches must host same-sex ceremonies. Nonconforming Churches lose tax-exempt status. Nonconforming Colleges lose accreditation. The bill prohibits nonconforming educational institutions at all level from receiving students loans. Inevitably, Christian institutions will either cease to exist or bow to a secular god by compromising their core Christian mission.

The implications are real. If Christians schedule a mission trip, the proposed law prohibits the Christian organization from separating rooms by biological sex. Thus, men must have access to the women’s showers and bathrooms.  Additionally the proposed law prohibits churches from following Biblical precepts on sexuality when hiring church ministry and staff. Thus, it violates the proposed law to consider whether a candidate openly engages in sinful sexual conduct. The bill allows lawsuits by someone who believes a church did not hire or select them due to their sexual lifestyle. Thus, even if the church denied the job for other reasons, it could face costly “damages” in a court judgment.

Last Action:

5/17/ 2019 – HR5 -This bill passed in the House with many Members of Congress voting for the measure. Now before the Senate for consideration.

Federal Born-Alive Abortion Survivors Protection Act

Protects the life of a child who survives an abortion by ensuring proper medical care.  

Last Action

2/ 25/ 2020 U.S. Senate vote falls short of super majority needed to end filibuster 

Federal Pain-Capable Unborn Child Protection Act

This legislation prohibits abortions after 20 weeks, around the point of viability and when medical consensus recognizes a baby’s ability to feel pain.

Last Action

2/ 25/ 2020 U.S. Senate vote falls short of super majority needed to end filibuster 

State of Michigan — Executive Branch

Governor issues new Executive Order – The Order prohibits “all public and private gatherings of any number of people occurring among persons not part of a single household.” (Emphasis added). Ironically, at a time when we need God the most, the Governor’s Order considers the Church’s work non-essential. Thus, the Executive Order expressly makes it a crime for anyone to meet at a church to worship, or even to gather a few staff to livestream a religious message. At best, under the letter of the law, the church, as a corporate entity or owner, would not be subject to the penalty after a conviction.

Serious questions exist as to whether the Governor holds any legal authority authorizing her issuance of the current decree. No question exist as to whether the action infringes on the free exercise of religion protected under federal and state constitutions.

See our full analysis HERE

 State of Michigan – Legislative Branch

Here is an update of the current bills before the state legislature impacting Christian people —

Bills or Resolutions House:

(House actions in lowercase, Senate actions in UPPERCASE)

HCR 14

A concurrent resolution to recognize that pornography is a public health crisis that leads to a broad spectrum of societal harms.

Last Action: 1/28/20 referred to Committee on Health Policy

HR 0072   (Rep. Wittenberg)

A resolution to declare May 2, 2019, as Holocaust Remembrance Day 

Last Action: 5/2/2019 – HJ 42 Pg. 488 – adopted

HB 4076

Crimes; internet; penalties for coercing vulnerable adult into providing sexually explicit visual material; provide for. Amends 1931 PA 328 (MCL 750.1 – 750.568) by adding sec. 145g.

Last Action:

1/23/2019 – referred to Committee on Families, Children, and Seniors 6/19/2019 –  referred to Committee on Judiciary, with subs H-2

HB 4112 of 2019

Liquor; licenses; posting to warn of the potential problems of drinking alcohol during pregnancy; require on premises of retail liquor licensees. Amends 1998 PA 58 (MCL 436.1101 – 436.2303) by adding sec. 905a.
Last Action:

3/12/2019 – passed; given immediate effect Roll Call # 14 Yeas 100 Nays 10 – transmitted >>

3/13/2019 – SJ 26 REFERRED TO COMMITTEE ON REGULATORY REFORM

HB 4262

Labor; youth employment; parent or legal guardian of a minor being educated at the minor’s home; allow to issue a work permit for the minor (Allows parents of homeschool students to sign work permit). Amends sec. 2 of 1978 PA 90 (MCL 409.102).

Last Action:

2/26/2019 – referred to Committee on Education

6/4/2019  referred to Committee on Ways and Means, with H-1

HB 4311-12

Gambling; Gaming; lawful internet gaming act; create. Creates new act. TIE BAR WITH: HB 4308’19

Last Action:

12/19/2019 presented to the Governor; approved by the Governor

12/20/2019 – assigned PA 152’19 with immediate effect

HB 4416 of 2019

Criminal procedure; sentencing guidelines; sentencing guidelines for the crime of disclosing confidential information regarding abortion; eliminate. Amends sec. 13k, ch. XVII of 1927 PA 175 (MCL 777.13k). TIE BAR WITH: HB 4417’19
Last Action:

3/21/2019 – referred to Committee on Health Policy

HB 4417 of 2019

Health; abortion; additional abortion complication reporting; require. Amends secs. 2835 & 2837 of 1978 PA 368 (MCL 333.2835 & 333.2837) & adds sec. 2839.
Last Action:

3/21/2019 – referred to Committee on Health Policy

HB 4322 of 2019

Health; funding; prohibition for state to contract with providers that offer abortion services; provide for. Amends title & sec. 1 of 2002 PA 360 (MCL 333.1091).
Last Action:

3/12/2019 – referred to Committee on Families, Children, and Seniors

HB 4435 of 2019

Civil rights; speech and assembly; campus free speech act; create. Creates new act.
Last Action:

4/9/2019 – referred to Committee on Oversight

HB 4436 of 2019

Civil rights; speech and assembly; safeguards for exercise of free speech rights on community college and university campuses; provide for. Creates new act.
Last Action:

4/9/2019 – referred to Committee on Oversight

8/29/2019 – referred to Committee on Judiciary, with substitute (H-2)

HB 4523-24

Children; protection; allow for surrender of newborn to a newborn safety device (baby dropbox);  Amends secs. 5, 7, 10, 17 & 20, ch. XII of 1939 PA 288 (MCL 712.5 et seq.) & adds sec. 3a. TIE BAR WITH: HB 4524’19

Last Action:

4/30/2019 – referred to Families, Children, & Seniors

HB 4664 of 2019

Health; abortion; Creates new law protecting unborn life when fetal heartbeat detected with various exceptions; Existing law protects all unborn life from point of conception except to save life of mother.
Last Action:

5/23/2019 – referred to Committee on Families, Children, and Seniors

HB 4665 of 2019

Criminal procedure; sentencing guidelines; sentencing guidelines for crime of performing an abortion without testing for a fetal heartbeat, performing an abortion after a fetal heartbeat is detected, and performing an abortion without obtaining informed consent after a fetal heartbeat is detected; create. Amends sec. 13k, ch. XVII of 1927 PA 175 (MCL 777.13k). TIE BAR WITH: HB 4664’19
Last Action: 05/23/2019 – referred to Committee on Families, Children, and Seniors

HB 4688 of 2019

Civil rights; general discrimination; sexual orientation and gender identity or expression; include as categories protected under the Elliott-Larsen civil rights act. Amends title & secs. 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505 & 506 of 1976 PA 453 (MCL 37.2102 et seq.).
Last Action:

06/04/2019 referred to Committee on Government Operations

HB 5321

Probate; wills and estates; procedures related to child born as a result of assisted reproduction or a gestational agreement; modify. Amends secs. 2103, 2104, 2114, 2502, 2504, 2707, 3406, 3715, 3908, 3957, 7817 & 7821 of 1998 PA 386 (MCL 700.2103 et seq.); adds secs. 1215, 1216, 1217, 2810 & 2811 & pt. 1A, art. II & repeals secs. 2108 & 7104 of 1998 PA 386 (MCL 700.2108 & 700.7104).

Last Action: 1/9/20 referred to Committee on Families, Children, and Seniors

HB 5322

Probate; other; reference to the estates and protected individuals code in the probate code of 1939; update. Amends sec. 60, ch. X of 1939 PA 288 (MCL 710.60). TIE BAR WITH: HB 5321’19

Last Action: 1/9/20 referred to Committee on Families, Children, and Seniors

HB 5323

Health; medical records; form regarding human genetic material effect on inheritance; require. Amends 1978 PA 368 (MCL 333.1101 – 333.25211) by adding sec. 9127. TIE BAR WITH: HB 5321’19

Last Action: 1/9/20 referred to Committee on Families, Children, and Seniors

HB 5374 of 2020

Health; abortion; information related to treatment to reverse the effects of mifepristone; require under certain circumstances, and modify abortion consent form. Amends sec. 17015 of 1978 PA 368 (MCL 333.17015).
Last Action: 01/22/2020 referred to Committee on Families, Children, and Seniors

HB 5433 of 2020

Weapons; concealed; weapon-free zones; exclude places of worship. Amends sec. 5o of 1927 PA 372 (MCL 28.425o).
Last Action: 1/30/2020 referred to Committee on Judiciary

HB 5612 of 2020

Local government; financing; appropriation of local money for abortion services or abortion counseling and referral services; prohibit. Amends 1968 PA 2 (MCL 141.421 – 141.440a) by adding sec. 18a.
Last Action: 3/11/2020 referred to Committee on Families, Children, & Seniors

HB 5649

modify in the child care organizations act increasing background checks to protect children. Amends sec. 5r of 1973 PA 116 (MCL 722.115r). TIE BAR WITH: HB 5655’20

Last Action: 3/12/20 referred to committee on Judiciary

HB 5672 of 2020

Civil rights; employment discrimination; implantation of devices into the bodies of employees; prohibit as a condition of employment.
Last Action:  3/17/20 referred to Committee on Commerce and Tourism

 

Bills or Resolutions Senate:

SB 50-53HB 4113-16

Repeals Michigan’s law banning all abortions from conception except to save life of mother. Crimes; abortion; penalty for administering with intent to procure miscarriage; repeal. Repeals sec. 14 of 1931 PA 328 (MCL 750.14).

Last Action:

1/23/2019 – SJ 7 Pg. 72 REFERRED TO JUDICIARY AND PUBLIC SAFETY

1/29/2019 – HJ 9 Pg. 77 referred to Committee on Health Policy

SB 0351 of 2019

Civil rights; general discrimination; sexual orientation and gender identity or expression; include as categories protected under the Elliott-Larsen civil rights act. Amends title & secs. 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505 & 506 of 1976 PA 453 (MCL 37.2102 et seq.).
Last Action:

6/5/2019 REFERRED TO GOVERNMENT OPERATIONS

SB 0165 of 2019

Health; abortion; pain-capable unborn child protection act; enact. Amends 1931 PA 328 (MCL 750.1 – 750.568) by adding sec. 325.
Last Action:

3/5/2019 REFERRED TO COMMITTEE ON HEALTH POLICY AND HUMAN SERVICES\

SB 228

Health; suicide; provides for suicide prevention commission; Creates new act.

Last Action:

12/19/2019  PRESENTED TO GOVERNOR 12/13/2019

12/31/2019  APPROVED BY GOVERNOR 12/20/2019

12/31/2019 ASSIGNED PA 0177’19 WITH IMMEDIATE EFFECT

SB 0229 of 2019; HB 4320

Health; abortion; partial-birth abortion provision; modify to include dismemberment abortion; (bans dismemberment abortion). Amends sec. 90h of 1931 PA 328 (MCL 750.90h).
Last Action:

5/14/2019 – PASSED ROLL CALL # 63 YEAS 22 NAYS 16

5/14/2019 – referred to Committee on Judiciary

SB 0230; HB 4321 

Criminal procedure; sentencing guidelines; sentencing guidelines for the crime of dismemberment abortion; enact. Amends sec. 16d, ch. XVII of 1927 PA 175 (MCL 777.16d). TIE BAR WITH: SB 0229’19

Last Action:

5/14/2019 – PASSED ROLL CALL # 64 YEAS 22 NAYS 16

5/14/2019 – referred to Committee on Judiciary

SB 272-274HB 4469-71

Prohibits placements and adoptions by a child placing agency based on religious or moral convictions. (Repeals religious liberty protections for adoption and foster care agencies) Repeals secs. 14e & 14f of 1973 PA 116 (MCL 722.124e & 722.124f). TIE BAR WITH: SB 0273’19SB 0274’19

Last Action

4/17/2019 – REFERRED TO FAMILIES, SENIORS, AND VETERANS

4/17/2019 – referred to Committee on Government Operations

SB 275HB 4472

Children; adoption; Provide for second parent adoption (Permits unmarried, second parent adoption) Amends secs. 24, 41 & 51, ch. X of 1939 PA 288 (MCL 710.24 et seq.).

Last Action:

4/17/2019 – REFERRED TO FAMILIES, SENIORS, & VETERANS

4/17/2019 – referred to Committee on Families, Children, and Seniors

SB 284HB 4515

Mental health; children; Prohibits conversion therapy; (Prohibits conversion therapy for minors) Amends 1974 PA 258 (MCL 330.1001 – 330.2106) by adding sec. 901a.

Last Action:

4/24/2019 – REFERRED TO HEALTH POLICY & HUMAN SERVICES

4/25/2019 – referred to Committee on Health Policy

 

Other States

Alabama

House of Representatives

HB 314 –

bans abortion with certain exceptions; creates criminal felony for abortion providers 

Last Action: Enacted into Law

Arkansas

House of Representatives

HB 1399 –

Prohibits funding re Research human cloning / destroying embryo – 

Last Action: Enacted into Law

HB 1439 –

Creates criminal felony, civil penalties, and allows medical license revocation; bans certain abortions based on age with exceptions

Last Action: Enacted into Law

HB 1856 –

bans state funding of abortion; bans government authorities from consenting to abortions for women in state custody or guardianship  

Last Action: Enacted into Law

Arkansas

Senate

SB 2 –

bans certain abortions (e.g., because unborn child has Down syndrome.

Last Action: Enacted into Law

SB 3 –

doctors and healthcare facilities must report abortion complications; civil penalties if failure to report

Last Action: Enacted into Law

SB 149 –

bans abortion

Last Action: Enacted into Law

SB 278 –

adds to existing abortion reporting requirements; increases penalties concerning abortion violations

Last Action: Enacted into Law

SB 341 –

mandates conveying of information on reversing the effects of abortion-inducing drugs

Last Action: Enacted into Law

SB 448 –

requires viability determinations be based upon most recent advances in medicine; specifies doctor qualifications for doctors aborting babies

Last Action: Enacted into Law

SB 503 –

creates a criminal felony offense for physician killing via suicide.

Last Action: Enacted into Law

Florida

House of Representatives / Senate

HB 319/SB 682 –

creates committee to publish a Florida Guide to a Healthy Marriage (re FL marriage license).

Last Action:  compromise where, instead of enacting law, FL bar agreed to add language from the “Guide” to its Family Law Handbook –

SB 1634 / HB 1059 –

“Parents’ Bill of Rights.” confirms SCOTUS holdings re fundamental right for parents to direct the upbringing, education and care of their minor children. 

Last Action:  3/2/20 SB 1634 Rules Committee

3/9/20 HB 1059  House floor – third reading (vote)

HB 265 /SB 404 –

Requires Parental Consent before Abortion

Last Action:  SB 404 passed; to Governor’s for signature.

SB 864 / HB 1217 –

increases age of surrender for newborn infant from 7 days to 30 days

Last Action:  

_/_/20 – SB 864 referred to Committee on Children, Families and Elder Affairs.

3/4/20 – HB 1217 House passes – sends to Senate 

HB 3C1 / SB 1336 –

State preemption superseding local government licensing requirements (stops local bans of “conversion therapy” as a condition for license)

Last Action:  HB 3 passes House and sent to Senate (referred to various Senate committees). (companion Senate bill, SB 1336, held in committee)

SB 778 / HB 537 –

preempts local government from enacting rules of licensure or regulation of a home-based business. (stops local governments from banning “conversion therapy” as a requirement for home-based business license)

Last Action:  HB 537 House floor for second reading

SB 946 / HB 737 –

requires a Moment of Silence in Public Schools.

Last Action:  3/2/20 – SB 946 approved by Rules Committee,

3/4/20 – HB 737 House passed; referred to Senate 

HB 481 –

bans doctors from aborting a baby when heartbeat detected

Last Action: Enacted into Law

Idaho

House of Representatives

HB 64 – updates law concerning abortion complications and establishes a reporting system

Last Action: Enacted into Law

Idaho

Senate

SB 1049 – bans partial-birth abortion

Last Action: Enacted into Law

Indiana

House of Representatives

HB 1211 – bans dismemberment abortion with exceptions

Last Action: Enacted into Law

Indiana

Senate

SB 201-

updates conscientious objection and ethical exemptions providing increased protection for health care providers

Last Action: Enacted into Law

Iowa

House of Representatives

HF 766 –

bans mingling Title X funds/programs and abortion

Last Action: Enacted into Law

Kentucky

House of Representatives

HB 5 –

bans abortion on the basis of an unborn baby’s race, color, national origin, sex or disability.

Last Action: Enacted into Law

HB 148 –

bans abortion contingent upon either ratification of a constitutional amendment restoring state authority to ban abortion, or the U.S. Supreme Court overruling Roe v. Wade

Last Action: Enacted into Law

Kentucky

Senate

SB 9 –

bans doctors from aborting a baby when heartbeat detected

Last Action: Enacted into Law

SB 50 –

reporting mandated when prescription for chemical abortion dispensed

Last Action: Enacted into Law

Louisiana

House of Representatives

HB 425 –

mandates that nothing in state constitution permits funding of, or the right to, an abortion.

Last Action: Enacted into Law

HB 484 –

establishes license requirements for obtaining and maintaining abortion facility; establishes duties regarding medical records concerning abortion;

Last Action: Enacted into Law 

Louisiana

Senate

SB 184 –

prohibits the abortion when heartbeat detectable

Last Action: Enacted into Law

SB 221 –

mandates informed consent to protect women seeking an abortion; requires information for assessing qualifications of the doctor aborting the child as well as the abortion facility

Last Action: Enacted into Law

SB 238 –

deems abortion facility employees mandatory reporters of certain sex-based crimes to law enforcement

Last Action: Enacted into Law

Mississippi

Senate

SB 2116 –

bans doctors from aborting a baby when heartbeat detected with exceptions

Last Action: Enacted into Law

Missouri

House of Representatives

HB 126 –

bans doctors from aborting a baby when heartbeat detected or due to Down syndrome

Last Action: Enacted into Law

Nebraska

Unicameral

 L 209 –

mandates informed consent to protect woman seeking abortion (e.g., info on medical risks associated with the anticipated abortion procedure)  

Last Action: Enacted into Law

North Dakota

House of Representatives

HB 1336 –

updates informed consent requirements to protect woman seeking an abortion (e.g., information regarding abortion pill reversal)

Last Action: Enacted into Law

HB 1546 –

bans dismemberment abortion

Last Action: Enacted into Law

Ohio

Senate

SB 23 –

bans doctors from aborting a baby when heartbeat detected; creates a Joint Legislative Committee to promote and support adoption.

Last Action: Enacted into Law

Oklahoma

Senate

SB 614 –

updates informed consent requirements (e.g., concerning abortion pill reversal)

Last Action: Enacted into Law

Pennsylvania

Senate

SB 712: prohibiting State family planning funding for abortion

Last Action: Enacted into Law

South Dakota

House of Representatives

HB 1055 –

parental notification/agreement required before an order to withhold resuscitation from minor patients.

Last Action: Enacted into Law

HB 1177 –

mandates that women seeking an abortion receive an opportunity to see a sonogram and hear her child’s heartbeat before aborting the unborn child

Last Action: Enacted into Law

HB 1190 –

strengthens existing reporting requirements relating to abortion.

Last Action: Enacted into Law

HB 1193 –

creates criminal offense for causing an abortion against a pregnant mother’s will

Last Action: Enacted into Law

South Dakota

Senate

SB 72 –

specifies informed consent form a doctor must use to obtain consent, prior to aborting the mother’s child

Last Action: Enacted into Law

SB 85 –

updates deadline for State’s annual report concerning abortions

Last Action: Enacted into Law

Tennessee

Senate

SB 614 –

studying feasibility of requiring ERs to report data on occurrences of people presenting at the ER within 30 days of an invasive surgical procedure occuring at a non-hospital facility[ (due January 1, 2020)

Last Action: Enacted into Law

SB 1257 –

bans abortion with exceptions contingent upon the U.S. Supreme Court overruling Roe v. Wade; forbids prosecution of the mother

Last Action: Enacted into Law

Texas

House of Representatives

HB 16 –

recognizes rights of a living child born subsequent to an abortion; creates criminal offense and civil penalties where child not provided life-saving medical attention

Last Action: Enacted into Law

SB 22:

bans some funding from a governmental entity to an abortion facility

Last Action: Enacted into Law

Texas

Senate

SB 24 –

updates/ strengthens informed consent law regarding information a mother must receive prior to an abortion

Last Action: Enacted into Law

Utah

House of Representatives

HB 136 –

bans certain abortions based on age (i.e., after baby reaches 18 weeks) with exceptions;  updates physician reporting requirements concerning abortion

Last Action: Enacted into Law

HB 166 –

bans abortion – genetic selection and Downs syndrome

Last Action: Enacted into Law

Wyoming

House of Representatives

HB 103 –

mandates abortion reporting

Last Action: Enacted into Law

 

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