LGBT rights in Michigan

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LGBT rights in Michigan
Michigan
Same-sex sexual activity legal? Legal statewide since 2003
(Lawrence v. Texas)
Gender identity/expression Altering sex on birth certificate requires sex reassignment surgery
Discrimination protections Sexual orientation and gender identity protections in state employment (see below)
Family rights
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan face legal challenges non-LGBT residents do not. Same-sex sexual activity is legal in Michigan. Same-sex couples and families headed by same-sex couples are not eligible for all the protections available to opposite-sex married couples.

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

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Main article: Same-sex marriage in Michigan

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.[1]

Same-sex marriage

On January 23, 2012, a lesbian couple filed a lawsuit, DeBoer v. Snyder in United States District Court for the Eastern District of Michigan, challenging the state's ban on adoption by same-sex couples in order to jointly adopt their children. On March 21, 2014, U.S. District Judge Bernard Friedman ruled the state's ban on same-sex marriage unconstitutional. Attorney General Bill Schuette filed for an emergency stay of his ruling with the Sixth Circuit Court of Appeals.[2] On Saturday, March 22, 2014, four of Michigan's 83 county clerks opened their offices for special hours and issued more than 300 marriage licenses to gay and lesbian couples.[3] Later that day, the Sixth Circuit stayed Judge Friedman's order until March 26.[4] On March 25, 2014, the Sixth Circuit stayed the ruling indefinitely.[5] On March 28, 2014, U.S. Attorney General Eric Holder announced the federal government will recognize the same-sex marriages performed on March 22.[6]

On November 6, 2014, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage.[7]

Domestic partnerships

Map of Michigan counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

The Michigan Supreme Court ruled that the constitutional amendment forbidding recognition of same-sex relationships meant that public employers in Michigan could not legally grant domestic partnership benefits to their employees. 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.[8][9] He made that injunction permanent on November 12, 2014, when he ruled in Bassett v. Snyder that Michigan's restrictions on domestic partnership benefits were not related to a legitimate government purpose. He distinguished his ruling from the Sixth Circuit's ruling in DeBoer: "It is one thing to say [as in DeBoer] that states may cleave to the traditional definition of marriage as a means of encouraging biologically complimentary couples to stay together and raise the offspring they produce.... It is quite another to say that a state may adopt a narrow definition of family, and pass laws that penalize those unions and households that do not conform."[10]

Discrimination protections

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See also: LGBT employment discrimination in the United States

LGBT people are not included in Michigan's Elliott-Larsen Civil Rights Act.[11] As early as the 1973 committee hearing on the Elliott-Larsen Civil Rights Act, members of the LGBT community in Michigan sought to be included in the law.[12][13] However, actual legislation to do so was not introduced until 2005 when Michigan's first openly LGBT state legislator, Chris Kolb, included it with two other pro-LGBT bills[14] - none of which passed.[15] Since Kolb's 2005 legislation, a number of additional bills have been introduced, as recently as 2014, to add protections for the LGBT community.[16]

On December 23, 2003, Governor Jennifer Granholm issued an executive order prohibiting employment discrimination state-level public sector employment on the basis of sexual orientation. The order only covers employees of the State of Michigan and does not cover public sector employees of county, school, or local-level governments.[17] On November 22, 2007, Governor Jennifer Granholm extended her executive order to include gender identity.[18] This executive order would be extended under Governor Rick Snyder.[citation needed]

On March 14, 2013, the Michigan Senate passed, by a 37-0 vote, an emergency harbor dredging funding bill that made private marinas ineligible for a new loan program if they discriminate based on sexual orientation. On March 20, 2013, the Michigan House of Representatives passed the bill by a vote of 106-4. On March 27, 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.[19][20] Discrimination on the basis of sexual orientation or gender identity is also prohibited in state government employment, but there are no other statewide protections. Ingham, Washtenaw, and Wayne counties also prohibit discrimination on the basis of sexual orientation and gender identity in government employment.[21] Over thirty local municipalities have local human rights ordinances which prohibit discrimination based on sexual orientation and/or gender identity in employment and housing.[22]

Map of Michigan counties, cities, and townships that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment
  Sexual orientation and gender identity solely in public employment
Municipality Gender
identity		 Sexual
orientation		 Employment
protections		 Housing
protections		 Date
Adrian Yes Yes Yes Yes April 21, 2014[23]
Ann Arbor[24] Yes (1999)[25] Yes Yes Yes 1978[26]
Battle Creek Yes Yes Yes Yes September 3, 2013[27]
Birmingham No Yes No Yes 1992[26]
Canton Township Yes Yes Yes Yes June 11, 2014[28]
Dearborn Heights Yes Yes Yes Yes 2006[26]
Delhi Township Yes Yes Yes Yes October 1, 2013[29]
Delta Township Yes Yes Yes Yes October 21, 2013[30]
Detroit[24] Yes (2008)[25] Yes Yes Yes 1979[26]
Village of Douglas Yes Yes Yes Yes 1995[26]
East Grand Rapids Yes Yes Yes Yes March 26, 2015[31]
East Lansing Yes (2005)[25] Yes Yes Yes March 7, 1972[32][note 1]
Fenton Yes Yes Yes Yes June 9, 2014[33][34]
Ferndale[24] Yes Yes Yes Yes 2006[25][26][note 2]
Flint No[note 3] Yes No Yes 1990[26]
Grand Ledge No Yes Yes Yes 2000[26]
Grand Rapids Yes Yes Yes Yes 1994[25][26]
Huntington Woods Yes Yes Yes Yes 2001[26][note 4]
Kalamazoo Yes Yes Yes Yes 2009[25][26][note 5]
Kalamazoo Township Yes Yes Yes Yes July 22, 2013[38]
Lansing[24] Yes Yes Yes Yes 2006[25][26]
Lathrup Village Yes Yes Yes Yes February 24, 2014[39]
Linden Yes Yes Yes Yes September 12, 2013[40]
Marquette Yes Yes Yes Yes December 14, 2015[41]
Meridian Township Yes Yes No Yes July 10, 2013[42]
Mount Pleasant[43] Yes Yes Yes Yes July 9, 2012[36][44][45]
Muskegon Yes Yes Yes Yes March 12, 2012[36][46]
Oshtemo Township Yes Yes Yes Yes August 27, 2013[47]
Pleasant Ridge Yes Yes Yes Yes March 4, 2013[35][note 6]
Royal Oak Yes Yes Yes Yes November 5, 2013[48][note 7]
Saginaw No Yes No Yes 1984[26]
Saugatuck Yes Yes Yes Yes 2007[25][26]
Saugatuck Township Yes Yes Yes Yes 2007[26]
Traverse City Yes Yes Yes Yes October 4, 2010[49][note 8]
Trenton Yes Yes Yes Yes November 12, 2013[51]
Union Township Yes Yes Yes Yes October 11, 2012[36][43]
Ypsilanti Yes Yes Yes Yes 1997[25][26]

Notes:

  1. ↑ East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation.[32]
  2. ↑ Ferndale voters passed the measure in 2006 after three voter referendums since the time it was first proposed in 1991.[35]
  3. ↑ An ordinance expanding its 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.[36]
  4. ↑ 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.[37]
  5. ↑ 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%.[26]
  6. ↑ On March 4, 2013 the Pleasant Ridge City Commission passed a human rights ordinance in a 6–1 vote which included sexual orientation. On April 9, 2013, the Commission voted unanimously to also prohibits biases based on HIV status and gender identity.[35]
  7. ↑ 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.[48]
  8. ↑ On October 4, 2011, the Traverse City Commission approved the measure to prevent discrimination based on sexual orientation or gender identity.[49] Opponents of the law collected signatures to require a referendum. On November 8, 2011, Traverse City residents voted 63% to 37% in favor of retaining the city ordinance.[50]

Hate crimes

Since 1992, sexual orientation is recognized for data collection about hate crimes in Michigan.[52]

Adoption

Michigan has no statutory ban on same-sex couples adopting, and no Michigan state court has ever interpreted Michigan's statute as prohibiting such adoptions. However at least one other state court has ruled that unmarried individuals may not jointly petition to adopt.[53]

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.[54] and in September amended that suit to challenge the state's ban on same-sex marriage as well.[55]

In December 2012, the Michigan Court of Appeals, an intermediate-level court, ruled in Usitalo v. Landon that the state's courts have jurisdiction to grant second-parent adoptions by same-sex couples.[56]

See also

References

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  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Michigan Broadens Discrimination Protections
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  24. ↑ 24.0 24.1 24.2 24.3 Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ 25.0 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ 26.00 26.01 26.02 26.03 26.04 26.05 26.06 26.07 26.08 26.09 26.10 26.11 26.12 26.13 26.14 26.15 26.16 Lua error in package.lua at line 80: module 'strict' not found. Cite error: Invalid <ref> tag; name "holsent611" defined multiple times with different content
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  33. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  36. ↑ 36.0 36.1 36.2 36.3 Lua error in package.lua at line 80: module 'strict' not found.
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  49. ↑ 49.0 49.1 Lua error in package.lua at line 80: module 'strict' not found.
  50. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  55. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  56. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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