LGBT rights in Michigan
|LGBT rights in Michigan|
|Same-sex sexual activity legal?||Legal since 1990 in Wayne County
(Michigan Organization for Human Rights v. Kelley)
Legal statewide since 2003
(Lawrence v. Texas)
|Gender identity/expression||Altering sex on birth certificate requires sex reassignment surgery|
|Discrimination protections||Within Government employment and over 30 municipalities (see below)|
|Michigan Proposal 04-2 limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions|
|Adoption||Joint adoption illegal|
The Michigan constitution bans same-sex marriage and places restrictions towards the forming of same-sex unions.
Laws against same-sex intimate contact
Sexual acts between persons of the same sex are legal in Michigan. They had been criminalized until the state's sodomy laws, which applied to both homosexuals and heterosexuals, were invalidated in 2003 by the United States Supreme Court's decision in Lawrence v. Texas.
Recognition of same-sex relationships
In 2004, voters approved a constitutional amendment, Michigan Proposal 04-2, that banned same-sex marriage and civil unions in the state. It passed with 58.6% of the vote. The Michigan Supreme Court later ruled that public employers in Michigan would not be legally allowed to grant domestic partnership benefits based on the recently passed measure.
A law in effect since December 2011 banned most public employers, though not colleges and universities, from offering health benefits to the domestic partners of their employees. It did not extend to workers whose benefits are established by the Michigan Civil Service Commission. On June 28, 2013, U.S. District Judge David M. Lawson issued a preliminary injunction blocking the state from enforcing its law banning local governments and school districts from offering health benefits to their employees' domestic partners.
On January 23, 2012, a lesbian couple filed a lawsuit known as DeBoer v. Snyder in federal district court, challenging the state's ban on adoption by same-sex couples so they can jointly adopt their children.
In March 2013, Governor Rick Snyder signed an emergency harbor dredging funding bill that made private marinas ineligible for a new loan program if they discriminate based on sexual orientation. Discrimination on the basis of sexual orientation or gender identity is also prohibited in state government employment, but there are no other state-wide protections. Ingham, Washtenaw, and Wayne Counties also prohibit discrimination on the basis of sexual orientation or gender identity in government employment. Over thirty local municipalities have local human rights ordinances which prohibit discrimination based on sexual orientation or gender identity in employment and housing.
- East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation.
- Ferndale voters passed the measure in 2006 after three voter referendums since the time it was first proposed in 1991.
- An ordinance expanding their current non-discrimination ordinance was passed in 2012. However when the Emergency Financial Manager (EFM) law was voted down statewide, all ordinances enacted in Flint by the EMF were removed, including the non-discrimination ordinance. Their previous non-discrimination ordinance is still in effect, but the gender expression component is not.
- In 2001, the city council approved the measure, but opponents gathered enough signatures to force a citywide ballot question on the ordinance. In November 2001, voters then approved the measure, 1,982 to 896.
- The ordinance was first passed in December 2008. It was repealed in January 2009 when opponents submitted petitions to force a public vote. The city drafted language that offered a compromise, including the exemption for religious organizations. The city council voted unanimously in June 2009 to pass it. Groups opposed to including sexual orientation and gender identity in the ordinance again submitted petitions — 1,273 signatures were needed, 2,088 were gathered. On November 4, 2009, the ordinance was upheld with 7,671 people voting “yes” and 4,731 voting “no” — 60% to 37%.
- On 4 March 2013 the Pleasant Ridge City Commission passed a human rights ordinance in a 6-1 vote which included sexual orientation. On 9 April 2013, the Commission voted unanimously to also prohibits biases based on HIV status and gender identity.
- In March 2013, the Royal Oak City Commission voted 6-1 to enact a human rights ordinance inclusive of gender identity and sexual orientation. Opponents collected more than 1,000 petition signatures to override the commission’s vote and put the issue before Royal Oak voters in the November 2013 election. Royal Oak voters rejected a similar human rights ordinance in 2001 by a 2-1 margin, but passed the ordinance in 2013 by a margin of 6,654 votes for and 5,670 votes against the measure.
- On 4 October 2011, the Traverse City Commission approved the measure to prevent discrimination based on sexual orientation or gender identity. Opponents of the law collected signatures to require a referendum. On 8 November 2011, Traverse City residents voted 63% to 37% in favor of retaining the city ordinance.
Michigan has no statutory ban on same-sex couples adopting, and no MI state court has ever interpreted MI's statute as prohibiting such adoptions. However at least one other state court has ruled that unmarried individuals may not jointly petition to adopt.
Two Michigan lesbians, who are raising three children adopted by only one of them, filed a lawsuit known as DeBoer v. Snyder in federal court in January 2012 seeking to have the state's ban on adoption by same-sex couples overturned. and in September amended that suit to challenge the state's ban on same-sex marriage as well.
In December 2012, the Michigan Court of Appeals ruled that the state's courts have jurisdiction to grant second parent adoptions by same-sex couples. The ruling stopped short of offering an interpretation of the code to allow for courts to grant such adoptions.
A October 2004 EPIC-MRA poll found that 61% of Michigan voters supported a constitutional amendment banning same-sex marriage, while 34% oppose it. When asked about what institutions of commitment same-sex couples should be allowed to enter, 17% said same-sex couples should be allowed to marry, 43% said they should not be allowed to marry but should be able to form civil unions, and 36% opposed both same-sex marriage and civil unions.
A October 2004 Glengariff Group poll showed 24% of Michiganders supported marriage rights for same-sex partners, and only 42% supported legal recognition of civil unions.
A June 2009 Glengariff Group poll showed a substantial shift in opinions towards the legal recognition of same-sex unions in Michigan, with 63.7% of residents supporting civil unions for same-sex couples and 46.5% of residents supporting full marriage rights for same-sex couples.
A July 2011 Public Policy Polling survey found that 33% of Michigan voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 62% of Michigan voters supported the legal recognition of same-sex couples, with 29% supporting same-sex marriage, 33% supporting civil unions but not marriage, 35% favoring no legal recognition and 3% not sure.
Nearly a year later, in May 2012, a Public Policy Polling survey found that 41% of Michigan voters thought that same sex marriage should be legal, while 45% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 70% of Michigan voters supported the legal recognition of same-sex couples, with 39% supporting same-sex marriage, 31% supporting civil unions but not marriage, 27% favoring no legal recognition and 3% not sure.
A November 2012 Michigan State University poll found support for gay marriage in Michigan had increased significantly. The survey found that 56% of the state’s residents supported gay marriage while 39% opposed it.
A May 2013 Glengariff Group poll found that 57% of Michigan residents support same-sex marriage while 38% oppose. The poll also found at least 90% of the state's voters favor some legal protections for LGBT people and 65% favor legal changes permitting civil unions, adoption, inheritance rights, hate crime protections, and domestic benefits. The poll was conducted from May 8-10, 2013 and had a margin of error of 4 points.
Nearly a year later, in February 2014, another Glengariff Group poll found that 56% of Michigan residents support same-sex marriage while 34% oppose, and 59% believe that Michigan's ban on same-sex marriage passed by voters in 2004 is unconstitutional. Additionally, 63% support recognizing same-sex marriages performed in other states.
A February 2014 Michigan State University (MSU) poll found that 54% of Michigan residents support allowing same-sex couples to marry, while 36% are opposed. 10% are unsure. The poll had a margin of error of 3 points. Support for allowing same-sex couples to marry was highest among those 30 and younger at 68%, while 47% of those age 65 and older were supportive. The study also found that 59% also supported same-sex couple adopting children.
- Politics of Michigan
- LGBT history in Michigan
- LGBT rights in the United States
- Rights and responsibilities of marriages in the United States
- Law of Michigan
- "Michigan domestic partnerships". Findarticles.com. Retrieved 2013-10-23.
- White, Ed (June 28, 2013). "Mich. ban on domestic partner benefits blocked". Pioneer Press. Retrieved February 18, 2014.
- Lederman, Marty (July 1, 2013). "After Windsor: Michigan same-sex partners benefits suit advances". SCOTUSblog. Retrieved July 2, 2013.
- "Harbor Dredging Law Includes LGBT Protections". ipr.interlochen.org. March 29, 2013. Retrieved June 2, 2013.
- Stevenson, Jan (February 27, 2014). "Wayne County Adds LGBT Protections". Between the Lines. Retrieved March 3, 2014.
- "Cities with Legal Protection". Equality Michigan. Retrieved October 22, 2013.
- "Municipal Equality Index". Human Rights Campaign. Retrieved October 22, 2013.
- "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved October 22, 2013.
- Manwell, Annette (June 18, 2011). "Holland could face long battle over human rights changes". The Holland Sentinel. Retrieved January 2, 2013.
- "Battle Creek, Mich., bars anti-LGBT discrimination in housing, employment". LGBTQ Nation (Battle Creek, MI). September 6, 2013. Retrieved October 23, 2013.
- Kangas, Will (October 4, 2013). "Delhi Township OKs law banning discrimination based on sexual preference". Lansing State Journal (Delhi Township, Michigan). Retrieved October 23, 2013.
- Khalil, Joe (October 21, 2013). "Anti-Discriminatory Ordinance Passes in Delta Township". WLNS-TV (Delta Township, Michigan). Retrieved October 23, 2013.
- Millich, Gretchen (March 6, 2012). "East Lansing Marks 40th Anniversary of Gay Rights Ordinance". WKAR-FM. Retrieved October 23, 2013.
- Kavanaugh, Catherine (September 3, 2013). "Pleasant Ridge human rights law takes effect". The Oakland Press. Retrieved October 23, 2013.
- Proxmire, Crystal A. (January 10, 2013). "Non Discrimination Ordinances Spread Equality City by City". Between the Lines. Retrieved January 14, 2013.
- T. Alexander Smith, Raymond Tatalovich (2003). Cultures at War: Moral Conflicts in Western Democracies. Toronto, Ontario: University of Toronto Press. p. 182. ISBN 1551113341.
- Monacelli, Emily (July 22, 2013). "Non-discrimination ordinance passed in 6-0 vote by Kalamazoo Township board". Kalamazoo Gazette (Kalamazoo Township, Michigan). Retrieved October 23, 2013.
- "Lathrup Village adds gay rights to anti-bias law". SFGate. Associated Press. February 25, 2014. Retrieved March 3, 2014.
- Aldridge, Chris (September 12, 2013). "Linden enacts ordinance protecting residents from discrimination based on sexual orientation, gender identity". MLive.com (Linden, MI). Retrieved October 23, 2013.
- "Meridian Township Adopts Inclusive Policies". Between the Lines. July 18, 2013. Retrieved October 23, 2013.
- "Union Township adopts 'human rights' law". The Morning Sun. October 12, 2012. Retrieved January 2, 2013.
- "Ordinance No. 973". City of Mount Pleasant. Retrieved August 20, 2012. "The City intends that no individual be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil rights or be discriminated against because of his or her [...] sexual orientation or gender identity."
- Pomber, Phil (July 10, 2012). "Mount Pleasant approves anti-discrimination law at Monday City Commission meeting". Central Michigan Life. Retrieved October 23, 2013.
- Alexander, Dave (March 12, 2012). "Lesbian-gay anti-discrimination policy accepted by Muskegon City Commission". Michigan Live LLC. Retrieved March 13, 2012.
- Wilcox, Fran (August 27, 2013). "Oshtemo Township adopts non-discrimination ordinance". The Kalamazoo Gazette (Oshtemo Township, Michigan). Retrieved October 23, 2013.
- AlHajal, Khalil (November 5, 2013). "Gay rights ordinance passes in Royal Oak". Michigan Live. Retrieved December 7, 2013.
- Bukowski, Art (October 5, 2010). "TC approves anti-discrimination ordinance". Traverse City Record-Eagle (Traverse City, Michigan). Retrieved October 23, 2013.
- "Traverse City voters approve gay-rights law". The Morning Sun (Traverse City, Michigan). Associated Press. April 27, 2012. Retrieved October 23, 2013.
- "Ordinance 777". City of Trenton. Retrieved February 3, 2014.
- "Rights group says anti-gay crimes in Michigan rose 133%". MLive.com. The Associated Press. 2008-05-21. Retrieved 2013-10-23.
- "Arkansas Supreme Court strikes down adoption ban". Kenn News Service. April 7, 2011. Retrieved May 8, 2013.
- "Michigan adoption ban for unmarried couples being challenged in court today". Detroit News. August 29, 2012. Retrieved September 7, 2012.
- Ferretti, Christine (September 7, 2012). "Hazel Park women challenge Michigan's marriage amendment". Detroit News. Retrieved September 7, 2012.
- "ACLU Praises Appeals Court Decision on Same-Sex Second-Parent Adoption, December 13, 2012". ACLU. Retrieved March 4, 2013.
- "Michigan: July 2004 – Detroit Free Press/EPIC-MRA Poll – 17% Support Same-Sex Marriage, Additional 43% Support Civil Unions; 61% Support Amending the Constitution to Ban Gay Marriage" (PDF). Retrieved 2013-10-23.
- "Michigan Voters Shifting Views On Gay Couples". Pridetb.homestead.com. 2009-06-07. Retrieved 2013-10-23.
- "MI against gay marriage, for Democrats on legislative ballot" (Press release). Public Policy Polling. August 10, 2011. Retrieved October 23, 2013.
- "Support for gay marriage climbing in Michigan". Public Policy Polling. Retrieved 6/1/2012.
- "Support for gay marriage grows in Michigan". Michigan State University. Retrieved 11/19/12.
- Dickerson, Brian (May 19, 2013). "Same-sex marriage: A no-brainer for Michigan". Detroit Free Press (Freep.com). Retrieved 2013-10-23.
- "Poll: Most Mich. voters support same-sex marriage, broader gay rights". United Press International. May 15, 2013. Retrieved March 3, 2014.
- Margolin, Emma (February 25, 2014). "‘A light at the end of the tunnel’ for marriage equality in Michigan". MSNBC. Retrieved March 3, 2014.
- "Excerpt 1 from Michigan LGBT Rights Survey". Glengariff Group. Equality Michigan. February 2, 2014. Retrieved March 3, 2014.
- Oosting, Jonathan. "MSU survey: Majority of Michigan residents support gay marriage as judge considers ban". Michigan News. Retrieved 2 March 2014.