LANSING – Democratic lawmakers are again pushing to criminalize blockades and obstruction of access to reproductive health facilities.

It would also apply to crisis pregnancy centers.

The legislation was first introduced by Rep. Laurie Pohutsky, D-Livonia, in December but died in committee. Sen. Mallory McMorrow, D-Royal Oak, is sponsoring a Senate version.

Pohutsky said the legislation is a response to the blockade of a Sterling Heights reproductive health clinic in August 2020.

According to Pohutsky, the protestors were prosecuted not because they were protesting, but because they “were physically blocking entry to the facility,” she said.

The protestors were also “threatening people working at the clinic, clinic escorts who help patients get in safely and also patients,” Pohutsky said.

In January, President Donald Trump pardoned 23 anti-abortion protestors, including four from the Sterling Heights blockade.

“There’s pretty serious and justifiable concern that the FACE (Freedom of Access to Clinic Entrances) Act may be outright repealed, and the Department of Justice already stated that they are not going to be enforcing it,” Pohutsky said.

That federal law “prohibits threats of force, obstruction and property damage intended to interfere with reproductive health care services,” according to the department’s Civil Rights Division.

Under the bills, it would be a crime to use force, physical obstruction, injury, intimidation and threats to prevent someone from receiving or providing reproductive care.

The bills also would make it a crime to destroy or attempt to destroy a facility because it provides reproductive care.

According to the Crisis Pregnancy Center Map website, created by public health researchers at the University of Georgia, crisis pregnancy facilities are run by religious organizations that primarily aim to deter people from having abortions.

“While I strongly disagree with the mission of crisis pregnancy centers and the manipulative tactics that they use, nobody should feel threatened for going to seek services from any of these providers,” said Pohutsky.

One of the Senate bill cosponsors, Stephanie Chang, D-Detroit, said, “We want to make sure that health care providers, regardless of what kind of procedure they’re doing related to reproductive health, are safe.”

Genevieve Marnon is the legislative director for Right to Life Michigan.

She said that as long as the legislation isn’t weaponized against people and doesn’t crush free speech, it won’t impact sidewalk counselors.

Typically found outside of abortion clinics, sidewalk counselors hand out information intended to dissuade women from terminating their pregnancy.

“I’m hoping sidewalk counselors will continue to reach out to women and offer them help and hope in maintaining their pregnancy and helping them to a pregnancy resource center so they can make a choice for life,” said Marnon.

Marnon, who has been with the organization for almost 13 years, said a concern she has about the proposal is possible weaponization against these counselors.

“How do you enforce this?” asked Marnon. “Somebody claims that they were intimidated because somebody else was standing on the sidewalk trying to reach out to them?”

Merissa Kovach, the political director of the American Civil Liberties Union of Michigan, said, the definitions in the bills are clear enough that they cannot be misconstrued as protected political speech.

Kovach, who worked with Pohutsky on the legislation last year, said the organization supports it.

Marnon asked why lawmakers were interested in creating a Michigan FACE Act when there already is a federal law.

In response to how Michigan can keep both protestors and patients safe, Marnon said Right to Life doesn’t davocate violence, harassment or threats and said state laws already prohibiting such behavior.

But Chang said, “Over the years, we have tried to codify important protections that have been done at the federal level into state law in case some of the really important federal laws go away.”

Kovach said if the legislation passes, violators could be charged under both federal and state law.

Shanay Watson-Whittaker, the Michigan director of Reproductive Freedom for All, said the organization supports the bills to ensure people are protected and feel safe and to protect abortion access.

As for chances of the bill passing in a Republican-majority House, Pohutsky said, “You introduce good legislation, regardless of who’s in the majority. That way it’s ready to go when you’re able to move it.”

House co-sponsors include Jason Morgan, D-Ann Arbor; Carrie Rheingans, D-Ann Arbor; Noah Arbit, D-West Bloomfield; Carol Glanville, D-Walker; Regina Weiss, D-Oak Park; and Erin Byrnes, D-Dearborn.

The bill was referred to the Government Operations Committee.

Other Senate sponsors include Rosemary Bayer, D-West Bloomfield; Sue Shink, D-Northfield Township; Erika Geiss, D-Taylor; Sylvia Santana, D-Detroit; Jeff Irwin, D-Ann Arbor; and Mary Cavanagh, D-Redford Township.

That bill is in the Civil Rights, Judiciary and Public Safety Committee.