Michigan Democrats want to pass legislation this month that will improve reproductive healthcare, and in particular, the safety of digital data before the Republicans take over the state House of Representatives in 2025.

Democratic Gov. Gretchen Whitmer supports a bill to protect reproductive data, including data recorded on apps that track menstrual cycles. Other states have passed similar legislation to prevent the data being used for targeting people who seek abortions.

Mallory McMorrow is the sponsor of the bill on digital privacy. She said, “This seems like an urgent need to get it done now while there’s a window with the Democratic majority in Michigan for the next couple weeks.”

The rush to act is a response to the expectation that the policies Democrats support in reproductive health care will be more difficult to pass after Republicans gain control of the State House in January. In the November elections, Democrats retained control of the State Senate.

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Republicans oppose the digital privacy act because of a section that they claim will suppress anti-abortion advertisements.

The December session, which began on Tuesday, will also consider a package of bills on Black maternal healthcare and a widening of the access to birth-control.

Women in states that have strict abortion laws began to be concerned after the Roe v. Wade decision. They feared their health data could be used for tracking their reproductive status. Menstrual cycle tracking apps became popular.

Michigan’s constitution protects abortion. McMorrow is not convinced by Donald Trump’s promise to veto a national ban on abortion, nor his campaign’s attempts to distance themselves from Project 2025 which proposed a rollback of abortion and contraception.

Women can take notes on their health every day, including how heavy their periods are and other symptoms like cramping. They can also log miscarriages and pregnancies.

McMorrow stated that “these tools are very valuable.” “I want to ensure that there are guardrails in place when it appears that the incoming federal government will potentially weaponize data in a very dangerous way.”

Federal law prohibits medical providers from sharing patient health data without consent, but does not prevent digital tech firms from tracking menstrual cycle or an individual’s position and selling them to data brokers. The tech industry has been a major obstacle to federal bans.

The way the laws are implemented varies from one state to another. Washington state’s digital privacy law covers all health related data, while Virginia’s law prohibits search warrants and court orders.

Michigan’s proposal requires businesses and organizations to only use reproductive health information for services they provide, while also informing consumers of the way the data are used. To sell the data, a business would need to have explicit consent signed by the consumer. The consumer would be able to opt-out of the sale of their data at any time.

Geofencing would be regulated, allowing marketers to target customers based on location.

The bill would ban targeting advertisements at people who are receiving reproductive health services using their location. This would include people who visit fertility or abortion clinics.

Anti-abortion activists have raised objections to the geofencing provisions of the bill. Genevieve Marnon of Right to Life of Michigan testified in a committee on Tuesday that the bill will prevent anti-abortion advertisements from reaching women who visit abortion clinics.

She said, “This doesn’t protect women’s reproductive data.” It limits the choices available to women.

John Damoose (R-GA), who voted against this bill in committee believes that the provision on geofencing violates freedom of speech and religious beliefs by prohibiting anti-abortion advertisements.

The bill passed out of the committee on Tuesday, based on party affiliations. It was then advanced to a final Senate vote Thursday.

Kimya Forouzan is the principal state policy director for the Guttmacher Institute. She expects that other state legislatures will take up the topic next year. Guttmacher tracks trends in reproductive health. Guttmacher supports abortion rights.

In the last two years, Michigan Democrats passed bills repealing anti-abortion legislation, including Michigan’s ban from 1931, and adding protections for surrogacy to the state law. This month, lawmakers are also considering several other bills related to reproductive health.

A group of legislation aimed at improving the maternal health of Black women will create, among other things, a doula scholarhip. The Senate sent its package of bills on this topic to the House Tuesday.

Rep. Jaime Churches is a Democrat who represents the area downriver of Detroit. She lost her seat last November. Churches is now trying to get two bills passed that would mandate insurance coverage for fertility treatments such as in vitro fertilisation and intrauterine sex.

The state House has passed three bills that seek to increase access to birth-control through insurance. McMorrow introduced a number of bills to provide long-lasting reversible birth control, such as implants or intrauterine device, to women who give birth before being discharged from hospital.

Democrats are competing for time in this lame duck session. Many Democrats are attempting to pass bills during the remaining month. Attention is expected to be drawn to the major disagreements over paid sick leave, minimum wage and other issues. These discussions may reduce the time available for debating reproductive health measures.