Proposal to Remove Dormant Same-Sex Marriage Ban in Michigan Constitution

In a move aimed at reinforcing marriage equality, a proposal has been introduced in Michigan to eliminate the outdated ban on same-sex marriage from the state constitution. This effort gains momentum following concerns that the U.S. Supreme Court might reassess landmark rulings.

State Representative Jason Morgan, a Democrat from Ann Arbor, has taken the lead on this initiative. His proposal comes on the heels of the Supreme Court’s decision in 2022 to overturn abortion rights protections, which, according to Morgan, indicates the court’s readiness to re-evaluate pivotal decisions, such as the Obergefell v. Hodges case that legalized same-sex marriage nationwide.

“If the Supreme Court were to overturn this protection for marriage equality, it would become illegal again for any same-sex couple to get married in our state,” Morgan explained to Michigan Public Radio.

Michigan’s ban on same-sex marriage was initially approved by voters in 2004. It was deemed unconstitutional by the U.S. Supreme Court in a decision involving April DeBoer and Jayne Rowse’s case against a Sixth Circuit Court of Appeals ruling that upheld the ban. Despite the Supreme Court’s ruling, the ban’s wording remains embedded in the Michigan Constitution.

This constitutional language persists even after Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito dissented from the 5-4 majority decision that invalidated the ban as a breach of equal protection and due process rights.

To remove the language from the constitution, a two-thirds majority in both the House and Senate is necessary to present the amendment to voters. Alternatively, a petition campaign could be launched to place the amendment on the statewide ballot, a strategy supported by state Senator Jeremy Moss (D-Southfield).

Both Morgan and Moss have pointed to a proposed non-binding resolution from a faction of House Republicans, including Rep. Josh Schriver (R-Oxford), as further justification for the amendment.

House Speaker Matt Hall (R-Richland Twp.) expressed disapproval of the Republican group’s actions, sending the resolution to a “graveyard” committee, signaling its likely demise.