Political Courage and the Reproductive Health Act of 1970

By Dwight Smith
Ally for Reproductive Justice

Assemblymember
George Michaels

April 9, 1970 is a special day in New York State legislative history; Assemblyman George Michaels changed his vote from "No" to "Yes", thereby enabling the 1970 Reproductive Health Act to pass the Assembly (the state Senate had passed it previously; Governor Rockefeller signed it into law the following day).  The story of that day, and the history of illegal abortions in New York over the 150 years preceding it, are documented in "From Danger to Dignity: The Fight for Safe Abortion", produced by Concentric Media in association with KTEH-TV, San Jose, CA.  It is available on YouTube and is well worth watching.  Indeed, in today's political climate in which reproductive rights are under fierce attack its message may be more important than when it was released in 1995.

Yet even though significant in content and praiseworthy for its production values, the documentary glosses over two contributing elements of the 1970 story.  They concern Michaels himself, and the atmosphere in which that final vote took place.

First, a word about Michaels.  A native of Queens and a graduate of Cornell and Brooklyn Law School, he established a law practice in Auburn, New York, an upstate, largely conservative and Roman Catholic city.  A Democrat, he represented Auburn and Cayuga County in the legislature from 1961-1966, when through reapportionment his district was merged with its neighbor that encompassed Cortland County.  He declined to run in the new district until 1969, when he rejoined the Assembly.  At the time, he was noted primarily for his support of expanded state aid for rural school districts and (in 1970) for promoting the bluebird as the state's official bird.

He also favored a woman's right to choose to have an abortion on a personal basis, but how widely his position was then known is not clear.  He had twice complied with requests from his District's Democratic Committee to vote against reproductive rights, including legalized abortion.  April 9, however, was a different story.  As it is described in "From Danger to Dignity" Michaels' decision is clearly a significant event. But by incorporating only the final two sentences of his remarks that day it misses a tense, emotional drama.

That absence may reflect the fact that the documentary was prepared 25 years after the event by a team that had not been there to witness it.  My family and I were there, and we still recall it as an occasion that merits a more complete description.

That we were in the Assembly Gallery at all that afternoon was entirely happenstance.  We had gone to Albany City Hall that afternoon to apply for passports for a forthcoming trip abroad (in those days the process began by having your signature notarized by the town or city clerk).  The process took less time than we anticipated and as we walked back to our car parked by the State Capitol I sensed a teaching moment for our three young sons.  With no knowledge of what was up, I suggested: "let's go see what is going on in the legislature".  Since we were on the Assembly side of the building, we went up to its gallery just as Michaels was beginning to talk.

To set the stage: when a roll call vote is being taken in the Assembly, an electronic wall display shows each member's vote as well as a running total of all Yes and No votes.  Ultimately, the Speaker instructs the clerk to close the voting process and a final tally is announced and recorded.  Seventy-six Yes votes are required for passage of the matter at hand, and the Speaker votes only when his vote will make a difference.  On this occasion, the electronic display showed a tie vote, 74-74, so even if the Speaker had voted the measure would not pass.

While a roll call is in process members may address the Assembly to explain their votes, but this is not common.  When Michaels rose to speak no one knew what he was going to say, and given the voting deadlock, the atmosphere in the packed galleries was palpably tense.

I don't know how long he spoke; it seemed like ten minutes or more.  He rambled as he took us through his inner thoughts.  His intent became clearer when he told the Assembly of pressures from his family.  "One of my sons just called me a whore for the vote I (previously) cast against this"; a second son insisted: "Dad, for God's sake, don't let your vote be the vote that defeats the bill".  "I had hoped that this would never happen," Michaels said; "(my constituents will) condemn me for what I am about to do.  But what's the use of getting elected, or reelected, if you don't stand for something. … I realize, Mr. Speaker, that I am terminating my political career, but I cannot in good conscience sit here and allow my vote to be the one that defeats this bill."

He asked the Speaker, Perry Duryea, Jr., a Republican from Montauk, to change his vote to Yes.  The now- 75-73 vote required Duryea to vote: he voted Yes, declared the bill passed, and immediately adjourned the session.  A highly-charged incident ended in a collective sigh of relief and joy.

From my perspective, Michaels’ story deserves repeating in an era where #MeToo seems to be controlling the headlines. Despite current notorious examples of misogyny, there are men who have stood and continue to stand with women in the fight for equality. These are men who actively reject the premise that women are a subordinate class when it comes to managing their own lives. They don't do it for recognition and thanks but simply because they believe it is the right thing to do.  And some, like Michaels, have even been willing to accept the accompanying personal cost of standing up to established ways.

Watch the historic moment in this video: