Good Governance & Election Integrity in the Wake of COVID-19 Abortion During the COVID-19 Pandemic During the COVID-19 Pandemic, Michigan Abortion Clinics Remain Open; US Court of Appeals Upholds Texas Near-Total Ban on Abortion In our last Memo, CTV reported on two federal district court rulings against the right of states to shut down elective abortions along with other non-essential medical procedures in the midst of the medical crisis facing our nation. However, the Fifth Circuit Court of Appeals has since ruled to uphold states' rights and specifically defended Texas's near-total ban on elective abortion. In their 47-page decision, Judge Duncan and Judge Elrod wrote, "The bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some 'real or substantial relation' to the public health crisis." Read more. Governor Whitmer Calls Abortion Life-Sustaining; Pro-Life Groups Continue to Call MI Abortion Clinics to be Closed During Pandemic Meanwhile, in Michigan, abortion clinics remain open. On the April 16 episode of David Axelrod’s “The Axe Files” podcast, Governor Gretchen Whitmer said the following to defend allowing abortion facilities to operate during the pandemic: “We stopped elective surgeries here in Michigan. Some people have tried to say that that type of a procedure [abortion] is considered the same and that’s ridiculous. A woman’s healthcare, her whole future, her ability to decide if and when she starts a family is not an election, it is a fundamental to her life. It is life sustaining and it’s something that government should not be getting in the middle of.” Pro-life groups across the state, including Right to Life of Michigan and CTV, continue to urge the governor to treat elective abortions the same all other non-essential medical procedures. Learn more. Religious Liberty & the Governor's Stay At Home Order Federal Judges and Attorney General Defend Religious Liberty After many Resurrection Sunday worship services encountered fines, gag orders, and other forms of push-back from state and local authorities across the nation, the federal government is stepping in to protect religious liberty and the freedom worship. “Even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers,” Attorney General Bill Barr wrote in a Tuesday statement. “Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity.” Read more. UPDATE: Governor Whitmer's "Stay at Home" Executive Order: What it Means for Churches an Religious Organizations In light of recent executive orders from Governor Whitmer, the Great Lakes Justice Center has issued an update to their legal brief. Among other First Amendment rights, freedom of religion and the right to assemble are primary concerns. They observe, "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." Read this important brief here. Good Governance & Election Integrity in the Wake of COVID-19 Groups Seek to Change Rules for Gathering Ballot Question Petition Signatures "The Fair Tax Michigan campaign announced it sent a letter to state House Speaker Lee Chatfield, and Senate Majority Leader Mike Shirkey, asking the Legislature to pass a bill permitting petitioners to obtain signatures digitally. The letter came in response to Michigan, like other states, limiting public gatherings to curb the spread of COVID-19." Speaking for Senator Shirkey, a staffer said the majority leader "is not inclined to support online signature gathering." However, Secretary of State Jocelyn Benson has spoken out about her desire to see this process modernized. Modernization could include special "emergency" online signature gathering, and that prospect is very distressing. Allowing some groups to gather online is extremely unfair to groups who have spent 6 long months gathering in person. Additionally, such policy opens Pandora's box going forward with regard to petitions. The Constitution and our election law designed the process to be arduous so that only organizations with significant public support and with much difficulty could effectively create law or amend the Constitution through the initiative process. Allowing online signature gathering would effectively negate the representative governmental structure we have in place, as nearly any interest group could easily gather the necessary signatures with an online campaign. CTV has also learned that Fair and Equal Michigan, a group working to make sexual orientation and gender identity a protected civil right, are already collecting signatures online. In an email to supporters, the organization's Co-Chair Trevor Thomas boasts, "“Fair and Equal was able to build the infrastructure needed to create the first electronic petition in Michigan that meets all the same legal guidelines as a traditional paper petition.” The Secretary of State's office has publicly commented that they have not yet authorized any such action as a entanglement means of signature gathering. The Great Lakes Justice Center has compiled an important fact sheet that answers many of the legal questions on this matter, which you can read here. The bar for a statewide ballot question was set high on purpose, and the standards have yet to be legally changed. Because it is vital that we do not allow others to use this crisis to forward their agendas, CTV will continue to monitor this situation. Much Opposition to Executive Orders In Michigan Governor Whitmer’s new Executive Order allows marijuana, lottery tickets, liquor, and abortion while banning gardening, paint, lawn service, motorboats, travel to second homes, gun stores and ranges, golf courses, and camping. While the Order’s stated intention is to suppress the spread of Corona Virus and prevent the overload of the health care system it contains draconian inequities, is an unnecessary infringement on individual freedom and creates catastrophic economic consequences. And in addition, no scientific basis has been advanced to explain why these controversial activities are permitted while other, far more healthy activities are arbitrarily banned. Here are some of the major voices of opposition: Senate Majority Leader Mike Shirkey in Bridge Magazine, “Governor Gretchen Whitmer should make common sense revisions to the new stay-at-home order that make health the top priority while recognizing different geography and different business types. This demonstrates trust in the people of Michigan to safely return to work.” Read more. Speaker of the House Lee Chatfield in the Detroit News, “We can both protect the public health and be reasonable in our approach to battling COVID-19. Right now, other states are but we’re not. And because of that, Michigan families and workers will continue to suffer. We need to adopt a regional, risk-based plan soon to reopen our state. Instead of the governor defining who is essential or non-essential, we need to transition and begin asking which activities are safe or unsafe. A one-size-fits-all approach to this is the wrong call.” Read more. One specific way to let Governor Whitmer know if you disagree with her Executive Orders is to contact her office at 517-335-7858. As always, we encourage everyone to make their voice heard, but remember to be civil and respectful, even toward those with whom you disagree. This information and these efforts should not be construed as a disregard for the horrific impact of the Corona Virus in Michigan. We grieve with families throughout our state who have suffered pain and loss but want our leaders to apply common sense solutions. Donate to CTV Citizens for Traditional Values relies on the support of grassroots activists and concerned citizens who care about preserving, protecting, and promoting traditional values in Lansing and our local communities. Click here to donate now. 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