PROPOSAL 08-2
PROPOSED CONSTITUTIONAL AMENDMENT
A proposal to amend the State Constitution to address human embryo and
human embryonic stem cell research in Michigan. (Proposal provided under
an initiative petition filed with the Secretary of State on July 7, 2008.)
The proposal would add a new Section 27 to Article 1 of the State Constitution
to read as follows:
ARTICLE 1
Section 27. (1) Nothing in this section shall alter Michigan’s current prohibition
on human cloning.
(2) To ensure that Michigan citizens have access to stem cell therapies and
cures, and to ensure that physicians and researchers can conduct the most
promising forms of medical research in this state, and that all such research is
conducted safely and ethically, any research permitted under federal law on human
embryos may be conducted in Michigan, subject to the requirements of federal law
and only the following additional limitations and requirements:
(a) No stem cells may be taken from a human embryo more than fourteen
days after cell division begins; provided, however, that time during
which an embryo is frozen does not count against this fourteen day
limit.
(b) The human embryos were created for the purpose of fertility treatment
and, with voluntary and informed consent, documented in writing, the
person seeking fertility treatment chose to donate the embryos for
research; and
(i) the embryos were in excess of the clinical need of the person
seeking the fertility treatment and would otherwise be discarded
unless they are used for research; or
(ii) the embryos were not suitable for implantation and would otherwise
be discarded unless they are used for research.
(c) No person may, for valuable consideration, purchase or sell human
embryos for stem cell research or stem cell therapies and cures.
(d) All stem cell research and all stem cell therapies and cures must be
conducted and provided in accordance with state and local laws of
general applicability, including but not limited to laws concerning
scientific and medical practices and patient safety and privacy, to the
extent that any such laws do not:
(i) prevent, restrict, obstruct, or discourage any stem cell research or
stem cell therapies and cures that are permitted by the provisions
of this section; or
(ii) create disincentives for any person to engage in or otherwise
associate with such research or therapies or cures.
(3) Any provision of this section held unconstitutional shall be severable from
the remaining portions of this section.
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