Watch CBS News

Physicians, patients and advocates sue Michigan over pregnancy exemption law

A group of nine Michigan patients, physicians and reproductive rights advocates has filed a lawsuit against Gov. Gretchen Whitmer and four other state officials, challenging a state law that many people have never even heard of, but something that affects the lives and decisions of pregnant women in Michigan.

Earlier this year, a woman in Georgia was declared brain dead while nine weeks pregnant, and she was kept on life support for months without her family's consent because of the state's so-called "heartbeat bill," which bans abortions if cardiac activity is detected in a fetus.  

CBS News Detroit spoke to Nikki Sapiro Vinckier, an OBGYN in Michigan, who saw that story and later realized that a similar law was already on the books in Michigan. 

"Which means that if you are pregnant at any stage of pregnancy, all of your advance directive is considered null and void, and that didn't sit well with me," Sapiro Vinckier said.

Sapiro Vinckier, along with eight other plaintiffs, is now suing Michigan's Governor and other state officials because they say the provision in the law, which went into effect in 2023 and states that "patient advocate designation cannot be used to make a medical treatment decision to withhold or withdraw treatment from a patient who is pregnant that would result in the pregnant patient's death."

Sapiro Vinckier says it's a similar law to the one she saw devastate Adriana Smith's family in Georgia, and claims it's unconstitutional for the provision to be in place in Michigan even after voters in the state overwhelmingly passed Prop 3, expanding reproductive rights just a few years ago. 

"We're all so pissed about it, and saying that should never happen to anybody anywhere in the world, let alone in our state, where we know that we protect reproductive rights here in Michigan," she said.

Nonprofit organization A Better Balance says it supported the Pregnant Workers Fairness Act because it requires employers to make reasonable accommodations for employees who have a known limitation stemming from pregnancy, childbirth or related medical conditions unless the accommodation poses an undue hardship to the employer.  

Sapiro Vinickier had posted about the law on social media, where she regularly discusses reproductive rights. She says she received countless comments from surprised and upset Michiganders. When two organizations, Compassion & Choices and If/When/How, came to her about joining the lawsuit, she happily agreed. 

"It really should be up to the individual or their loved ones to make those decisions, not the state. It's just a completely inappropriate area of the state to step into and take control of," said Jess Pezley, senior staff attorney at Compassion Legal.

Pezley told CBS News Detroit that the pregnancy exclusion still exists in nine states. The group has sued other states to get rid of it.

"We brought a lawsuit back in 2018 in Idaho challenging their pregnancy exclusion, which was ultimately successful and led to a settlement that was really favorable," Pezley said.

CBS News Detroit contacted Whitmer's office for comment. A spokesperson said they could not comment directly on pending litigation but said, "Gov. Whitmer has been a champion for reproductive freedom and led the fight to protect and expand our rights following the repeal of Roe v. Wade, when other states did nothing."

View CBS News In
CBS News App Open
Chrome Safari Continue