ANN ARBOR, MI—On October 26, 2006, the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio will hear oral argument on the ACLU and Planned Parenthood legal challenge to the Michigan Legal Birth Definition Act, a state law that would ban the grisly partial-birth abortion. The arguments will take place in Room 636, Sixth Floor East Courtroom during the morning session which begins at 9 AM.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor Michigan, is asking the appellate court to overturn the lower federal court ruling, which struck down the ban and denied its prime sponsor, Standing Together To Oppose Partial-birth-abortion (“STTOP”), to intervene in the lawsuit.

Robert Muise, the Law Center attorney handling the matter, commented, “States have the right to draw the line between abortion and infanticide. The Legal Birth Definition Act defines the point at which a child is a person under the law and therefore entitled to rights, including the most basic right to life.”

In October 2003, Michigan Governor, Jennifer Granholm, vetoed a legislative ban on partial-birth abortions. In response, Michigan citizens, through the efforts of STTOP, gathered nearly 460,000 signatures, 200,000 more than needed, to adopt the legislation without the governor’s approval. The Legal Birth Definition Act, which defines the moment when a human being is born and therefore a person under the law, was subsequently passed by a simple majority vote in both the Michigan House and Senate. STTOP’s petition drive was one of the most successful petition drives in recent Michigan history.

Bypassing the ballot box, the ACLU, Planned Parenthood and other abortion proponents on March 1, 2005, filed a federal lawsuit in Detroit, Michigan against the Michigan Attorney General and others, seeking to overturn the will of the people of Michigan, claiming that the Legal Birth Definition Act violates their right to have and perform abortions.

The Law Center sought to intervene in the federal case on behalf of STTOP, arguing that STTOP played a crucial role in enacting this citizen-initiated legislation and has a vested interest in upholding the constitutionality of this law, and further noting that STTOP represents the voice of the citizens of Michigan who have a substantial interest in the protection and preservation of human life.

In September 2005, federal judge Denise Page Hood, a Clinton appointee, denied the Law Center’s request to intervene on behalf of STTOP and permanently enjoined the Act from taking effect. Judge Hood claimed, in part, that the ban placed “an undue burden on the woman’s right to reproductive choice” by banning “safe” abortion procedures. Both STTOP and the Attorney General appealed the judge’s ruling to the Sixth Circuit Court of Appeals in Ohio.

In addition to participating in the Sixth Circuit case involving Michigan’s ban, the Thomas More Law Center also filed a friend of the court brief in Gonzales v. Carhart supporting the federal Partial-Birth Abortion Ban Act of 2003. The United States Supreme Court will hear oral argument in that case next month.

According to Richard Thompson, President and Chief Counsel of the Law Center, “Partial-birth abortion is nothing other than infanticide and must be prohibited in this country.”

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.