Efforts to Remove Inactive Ban on Same-Sex Marriage in Michigan Gain Momentum
In a significant move towards aligning Michigan’s legal framework with current federal standards, the state Senate’s civil rights committee conducted a hearing on Thursday to discuss a proposal aimed at erasing the obsolete prohibition of same-sex marriage from the Michigan Constitution. This ban, rooted in a 2004 voter-approved amendment, has remained unenforceable following the U.S. Supreme Court’s 2015 decision that invalidated same-sex marriage bans nationwide.
April DeBoer and Jayne Rowse, key figures in the legal battle that reached the U.S. Supreme Court, advocated for the amendment’s removal during the committee session. DeBoer emphasized the need to eliminate the outdated language, stating, “We don’t want to go back to being second-class citizens. We don’t want other people to feel like their second-class citizens. Our marriage in the past 10 years has not affected anybody but us. It has done no harm to anybody.”
Senator Jeremy Moss, who represents Bloomfield Township, introduced the resolution to the committee. He argued that same-sex marriage should no longer be considered a novel concept in Michigan or the U.S., asserting that the constitution should reflect its established status. Moss explained, “These marriages have now been solidified for 10 years and they contribute to neighborhood stability, school stability, family stability.”
To facilitate the amendment’s removal, the resolution proposes placing the issue on the ballot, a necessary step since voter approval is required to amend the state constitution. More details on the resolution can be found here.
Jay Kaplan of the ACLU of Michigan’s LGBTQ+ Project highlighted potential challenges, noting indications that some Supreme Court justices might reconsider the ruling on marriage equality. Kaplan remarked, “And should there come a time when the U.S. Supreme Court reverses itself on the marriage equality decision, Michigan needs to be prepared for that.”
While the committee has yet to take action on the resolution, the proposal faces a challenging path as it requires super-majority support in both legislative chambers, a task complicated by the divided nature of the Legislature. Despite the absence of vocal opposition during the hearing, achieving the necessary consensus remains a formidable obstacle.
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