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LGBT rights in Michigan

January 26, 2023

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Michigan may face some legal challenges not faced by non-LGBT residents. Same-sex sexual activity is legal in Michigan, as is same-sex marriage. Discrimination on the basis of both sexual orientation and gender identity is illegal since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex".[1] The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018.

LGBT rights in Michigan
StatusLegal statewide since 2003
(Lawrence v. Texas)
Gender identityAltering sex on a birth certificate does not require sex reassignment surgery
Discrimination protectionsSexual orientation and gender identity protections (see below)
Family rights
Recognition of relationshipsSame-sex marriage legal since 2015
AdoptionYes

Michigan is home to a vibrant LGBT community. East Lansing and Ann Arbor were the first cities in the United States to pass LGBT discrimination protections, doing so in 1972. Pride parades have been held in the state's most populous city, Detroit, since 1986, and today attract thousands of people.[2] While a majority of Michiganders support same-sex marriage,[3] the Republican-controlled Legislature has mostly ignored LGBT-related legislation, and as such progress has been slow (and has thus mostly come from the courts and local municipalities).[4]

Legality of same-sex sexual activity

 
Equality Michigan is the state's most prominent LGBT advocacy group.

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

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.[5]

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.[6] 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.[7] Later that day, the Sixth Circuit stayed Judge Friedman's order until March 26.[8] On March 25, 2014, the Sixth Circuit stayed the ruling indefinitely.[9] On March 28, 2014, U.S. Attorney General Eric Holder announced the Federal Government will recognize the same-sex marriages performed on March 22.[10]

On November 6, 2014, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage.[11] On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a nationwide right to marry, legalizing same-sex marriage in the United States, and Michigan.

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.[12][13] 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 complementary 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."[14]

Adoption and parenting

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.[15]

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.[16] and in September amended that suit to challenge the state's ban on same-sex marriage as well.[17]

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.[18]

Following the U.S. Supreme Court's ruling striking down Michigan's ban on same-sex marriage, Michigan courts have been granting adoption rights to same-sex couples.

In September 2019, a judge within Michigan allowed discrimination against LGBT individuals adopting children within adoption agencies, on the technical legal grounds of "fundamental religious beliefs and freedoms". As with all court cases they are subject to appeal in the future.[19]

Discrimination protections

See also: LGBT employment discrimination in the United States

LGBT people are not included in Michigan's Elliott-Larsen Civil Rights Act.[20] 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.[21][22] 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,[23] none of which passed.[24] Since Kolb's 2005 legislation, a number of additional bills have been introduced to add protections for the LGBT community.[25]

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.[26] On November 22, 2007, Governor Jennifer Granholm extended her executive order to include gender identity.[27] This executive order was kept under Governor Rick Snyder.

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.[28][29]

In January 2019, Governor Gretchen Whitmer issued an executive order prohibiting discrimination on the basis of both sexual orientation and gender identity in all areas of state government employment, including by employers receiving contracts and in grants from the state.[30]

2018 Civil Rights Commission decision

In September 2017, after the Legislature had voted 11 times to reject protecting LGBT people from discrimination, LGBT activists asked the Michigan Civil Rights Commission to declare sexual orientation and gender identity discrimination a form of sex discrimination and as such outlaw it under the Elliott-Larsen Civil Rights Act.[31]

On May 21, 2018, the Commission interpreted the Elliott-Larsen Civil Rights Act as banning discrimination based on sexual orientation and gender identity through the category of sex. The Commission voted 5–0 to interpret existing anti-discrimination laws as including both categories. The Michigan Department of Civil Rights began processing complaints of discrimination on May 22. This decision effectively means that LGBT discrimination is now illegal under state law.[32][33] The decision was hailed by human rights group, but denounced by conservative groups.

Michigan Attorney General Bill Schuette hit back at the decision, accusing the Commission of overstepping its authority. In July 2018, Schuette said that the decision is "invalid because it conflicts with the original intent of the Legislature as expressed in the plain language of the state's civil rights law".[34] The Commission subsequently reiterated its support for the decision, and the Department of Civil Rights announced that it would continue to investigate discrimination complaints based on sexual orientation and gender identity. "The Michigan Civil Rights Commission is an independent, constitutionally created and established body," Agustin V. Arbulu, director of the Department of Civil Rights, said. "The Commission is not bound by the opinion of the Attorney General. The only recourse is for the courts to determine if issuing the interpretive statement was within the scope of the commission's authority, and that is the appropriate venue for resolving this issue."[35] The Detroit Free Press denounced Schuette for the opinion, calling it a "shameful display of bigotry", also condemning Schuette for his association with President Donald Trump, who had endorsed him for that year's gubernatorial election, which Schuette lost to Democrat Gretchen Whitmer.[36]

EEOC v. R.G. & G.R. Harris Funeral Homes

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBT people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she was transgender and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God's commands because a person's sex is an immutable God-given gift."[37] With this decision, discrimination in the workplace based on gender identity is now banned in Michigan.

2020 Michigan business court ruling

In December 2020, a court ruling legally allowed businesses within Michigan to discriminate against LGBT individuals. Michigan Attorney General Dana Nessel is appealing the court's ruling.[38][39][40][41][42]

Over thirty local municipalities have local human rights ordinances which prohibit discrimination based on sexual orientation and/or gender identity in employment and housing.[43]

Ingham, Washtenaw, and Wayne counties also prohibit discrimination on the basis of sexual orientation and gender identity in government employment.[44]Holland, Michigan passed on August 19, 2020 a Non-Discrimination ordinance that includes protections against discrimination [45] for people based on gender identity, gender expression, and sexual orientation in the areas of employment, housing, and public accommodation.[46]

Municipality Sexual
orientation 		Gender
identity 		Employment
protections 		Housing
protections 		Date
Adrian         April 21, 2014[47]
Albion         2015[48][49]
Ann Arbor  [note 1]   (1999)[51]     July 1972[52][50][53]
Battle Creek         September 3, 2013[54]
Bay City         2016[55]
Birmingham         1992[56]
Buchanan         June 10, 2019[57]
Cadillac         September 17, 2018[58]
Canton Township         June 11, 2014[59]
Chelsea         2016[48]
Dearborn Heights         2006[56]
Delhi Township         October 1, 2013[60]
Delta Township         October 21, 2013[61]
Detroit     (2008)     1979[53][51][56]
Douglas         1995[56]
East Grand Rapids         March 26, 2015[62]
East Lansing  [note 2]   (2005)[51]     (1986)[52] March 7, 1972[63]
Farmington Hills         2014[48]
Fenton         June 9, 2014[64][65]
Ferndale  [note 3]       2006[53][51][56]
Flint    [note 4]     1990[56]
Grand Ledge         2000[56]
Grand Rapids         1994[51][56]
Howell         2016[48]
Huntington Woods  [note 5]       2001[56]
Jackson         2017[48]
Kalamazoo  [note 6]       2009[51][56]
Kalamazoo Township         July 22, 2013[69]
Lake Orion         2016[70]
Lansing         2006[53][51][56]
Lathrup Village         February 24, 2014[71]
Linden         September 12, 2013[72]
Marquette         December 14, 2015[73]
Meridian Township         July 10, 2013[74]
Mount Pleasant         July 9, 2012[75][67][76][77]
Muskegon         March 12, 2012[67][78]
Oshtemo Township         August 27, 2013[79]
Pleasant Ridge  [note 7]       March 4, 2013[66]
Portage         2016[48]
Royal Oak  [note 8]       November 5, 2013[80]
Saginaw         1984[56]
Saint Joseph         March 11, 2019[81]
Saline         March 5, 2018[82]
Saugatuck         2007[51][56]
Saugatuck Township         2007[56]
Southfield         2015[48]
Traverse City  [note 9]       October 4, 2010[83]
Trenton         November 12, 2013[85]
Union Township         October 11, 2012[67][75]
Wayland         2015[48]
Ypsilanti         1997[51][56]

Notes:

  1. ^ While East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation, Ann Arbor was the first to pass comprehensive protections that included employment, housing, and public accommodations.[50]
  2. ^ East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation.[63]
  3. ^ Ferndale voters passed the measure in 2006 after three voter referendums since the time it was first proposed in 1991.[66]
  4. ^ 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 identity component is not.[67]
  5. ^ 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.[68]
  6. ^ 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%.[56]
  7. ^ 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.[66]
  8. ^ 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.[80]
  9. ^ On October 4, 2011, the Traverse City Commission approved the measure to prevent discrimination based on sexual orientation or gender identity.[83] 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.[84]

Hate crime law

Since 1992, sexual orientation has been recognized for data collection about hate crimes in Michigan.[86]

In August 2021, a court in Michigan declared that gender identity is implicitly included within the 1992 hate crime laws of Michigan - under the “gender” interpretation.[87]

Conversion therapy

See also: List of U.S. jurisdictions banning conversion therapy

In June 2019, Huntington Woods City Commission passed an ordinance, in a unanimous 5–0 vote, banning conversion therapy in a first reading.[88] As of June 2019, there is no statewide ban on conversion therapy in Michigan. A year later in July 2020, the Madison Heights City Council unanimously approved the amendment to the city's ordinance on minors upon its second reading, effectively prohibiting the practice within the city. Conversion therapy in the community is ineffective, causes suicide and even traumatizing for LGBT individuals.[89] In August 2020, the Michigan City of Royal Oak also passed an ordinance that banned conversion therapy on minors - explicitly with up to 90 days jail or imprisonment and a $500 fine.[90]

Michigan executive order

In June 2021, the Governor of Michigan Gretchen Whitmer signed an executive order that bans statewide taxpayers dollars or funding going towards conversion therapy on minors. Some cities and counties of Michigan already legally ban conversion therapy by local ordinances.[91][92]

Gender identity and expression

Birth certificates

On June 30, 2021 a 1978 law and policy within Michigan requiring sexual reassignment surgery - to change sex on an individual's birth certificate was formally declared unconstitutional by the courts. Individuals since June 30, 2021 can formally change sex without sexual reassignment surgery - similar to an individual changing sex on a drivers licence. The Michigan Department of Health and Human Services Director Elizabeth Hertel asked the attorney general in February to examine the constitutionality of the 1978 law that requires a written statement from a physician confirming that "gender-confirmation surgery" has been completed.[93][94][95]

Driver's licenses

In November 2019, Michigan implemented a new government software system to change an individuals gender or sex on drivers licenses and I.D.s within the state - by both a signed statutory declaration and a fee.[96][97] In January 2020, plans were announced to begin offering an "X" marker on driver licenses at an unspecified future date.[98] In November 2021, the Secretary of State said the option would be available "soon".[99]

Transition in childhood

On October 11, 2022, House Bill 6454 was introduced in the state legislature. If the bill passes, any parent or physician who "consents to, obtains, or assists with a gender transition procedure for a child" will face life in prison for the felony of child abuse in the first degree.[100]

Public opinion

A 2017 Public Religion Research Institute poll found that 63% of Michigan residents supported same-sex marriage, while 29% were opposed and 8% were unsure.[3] Additionally, 70% supported an anti-discrimination law covering sexual orientation and gender identity. 22% were opposed. The PRRI also found that 62% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 31% supported such religiously-based refusals.

Summary table

Same-sex sexual activity legal   (Since 2003 - nationwide)
Equal age of consent (16)   (Since 2003 - nationwide)
Anti-discrimination laws in all areas   (Both sexual orientation and gender identity since 2019; re-affirmed by a ruling from the Michigan Supreme Court in 2022)[101]
Same-sex marriages   (Since 2015)
Joint and stepchild adoption by same-sex couples  /  (In September 2019, a judge within Michigan allowed discrimination against LGBT individuals adopting children within adoption agencies, on the technical legal grounds of "fundamental religious beliefs and freedoms". As with all court cases they are subject to appeal in the future)
Lesbians, gays and bisexuals allowed to serve openly in the military   (Since 2011)
Transgender people allowed to serve openly in the military  /  (Most Transgender personnel allowed to serve openly since 2021)[102]
Intersex people allowed to serve openly in the military  /  (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)
Right to change legal gender on a birth certificate without surgery   (Since 2021)
Access to IVF for lesbians  
Automatic parenthood on birth certificates for children of same-sex couples  
Abolition or repeal of the archaic gay and trans panic defense  
Conversion therapy banned on minors  /  (Some cities and counties by ordinance and a state-wide taxpayers dollars or funding legally banned by executive order since June 2021)[92]
Third gender or X option on government documents - such as drivers licences, I.D.s and birth certificates   (Since 2021)
LGBT anti-bullying law in schools and colleges  
LGBT-inclusive history education required to be taught in schools  
LGBT-inclusive sex education required to be taught in schools  
Surrogacy access for gay male couples  
MSMs allowed to donate blood  /  (Since 2020, 3 month deferral period - federal policy)
Hate Crime law for crimes on the basis of sexual orientation  /  (Only for data collection on hate crimes in Michigan)
Hate Crime law for Crimes on the basis of Gender Identity   (Since 2021, implicitly)[87]

See also

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January 26, 2023
lgbt, rights, michigan, lesbian, bisexual, transgender, lgbt, persons, state, michigan, face, some, legal, challenges, faced, lgbt, residents, same, sexual, activity, legal, michigan, same, marriage, discrimination, basis, both, sexual, orientation, gender, id. Lesbian gay bisexual and transgender LGBT persons in the U S state of Michigan may face some legal challenges not faced by non LGBT residents Same sex sexual activity is legal in Michigan as is same sex marriage Discrimination on the basis of both sexual orientation and gender identity is illegal since July 2022 was re affirmed by the Michigan Supreme Court under and by a 1976 statewide law that explicitly bans discrimination on the basis of sex 1 The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 LGBT rights in MichiganMichiganStatusLegal statewide since 2003 Lawrence v Texas Gender identityAltering sex on a birth certificate does not require sex reassignment surgeryDiscrimination protectionsSexual orientation and gender identity protections see below Family rightsRecognition of relationshipsSame sex marriage legal since 2015AdoptionYesMichigan is home to a vibrant LGBT community East Lansing and Ann Arbor were the first cities in the United States to pass LGBT discrimination protections doing so in 1972 Pride parades have been held in the state s most populous city Detroit since 1986 and today attract thousands of people 2 While a majority of Michiganders support same sex marriage 3 the Republican controlled Legislature has mostly ignored LGBT related legislation and as such progress has been slow and has thus mostly come from the courts and local municipalities 4 Contents 1 Legality of same sex sexual activity 2 Recognition of same sex relationships 2 1 Same sex marriage 2 2 Domestic partnerships 3 Adoption and parenting 4 Discrimination protections 4 1 2018 Civil Rights Commission decision 4 2 EEOC v R G amp G R Harris Funeral Homes 4 3 2020 Michigan business court ruling 5 Hate crime law 6 Conversion therapy 6 1 Michigan executive order 7 Gender identity and expression 7 1 Birth certificates 7 2 Driver s licenses 7 3 Transition in childhood 8 Public opinion 9 Summary table 10 See also 11 ReferencesLegality of same sex sexual activity Edit Equality Michigan is the state s most prominent LGBT advocacy group 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 EditMain 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 5 Same sex marriage Edit 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 6 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 7 Later that day the Sixth Circuit stayed Judge Friedman s order until March 26 8 On March 25 2014 the Sixth Circuit stayed the ruling indefinitely 9 On March 28 2014 U S Attorney General Eric Holder announced the Federal Government will recognize the same sex marriages performed on March 22 10 On November 6 2014 the Sixth Circuit reversed the lower court s ruling and upheld Michigan s ban on same sex marriage 11 On June 26 2015 the U S Supreme Court ruled in Obergefell v Hodges that same sex couples have a nationwide right to marry legalizing same sex marriage in the United States and Michigan Domestic partnerships Edit 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 12 13 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 complementary 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 14 Adoption and parenting EditMichigan 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 15 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 16 and in September amended that suit to challenge the state s ban on same sex marriage as well 17 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 18 Following the U S Supreme Court s ruling striking down Michigan s ban on same sex marriage Michigan courts have been granting adoption rights to same sex couples In September 2019 a judge within Michigan allowed discrimination against LGBT individuals adopting children within adoption agencies on the technical legal grounds of fundamental religious beliefs and freedoms As with all court cases they are subject to appeal in the future 19 Discrimination protections EditSee also LGBT employment discrimination in the United States LGBT people are not included in Michigan s Elliott Larsen Civil Rights Act 20 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 21 22 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 23 none of which passed 24 Since Kolb s 2005 legislation a number of additional bills have been introduced to add protections for the LGBT community 25 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 26 On November 22 2007 Governor Jennifer Granholm extended her executive order to include gender identity 27 This executive order was kept under Governor Rick Snyder 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 28 29 In January 2019 Governor Gretchen Whitmer issued an executive order prohibiting discrimination on the basis of both sexual orientation and gender identity in all areas of state government employment including by employers receiving contracts and in grants from the state 30 2018 Civil Rights Commission decision Edit In September 2017 after the Legislature had voted 11 times to reject protecting LGBT people from discrimination LGBT activists asked the Michigan Civil Rights Commission to declare sexual orientation and gender identity discrimination a form of sex discrimination and as such outlaw it under the Elliott Larsen Civil Rights Act 31 On May 21 2018 the Commission interpreted the Elliott Larsen Civil Rights Act as banning discrimination based on sexual orientation and gender identity through the category of sex The Commission voted 5 0 to interpret existing anti discrimination laws as including both categories The Michigan Department of Civil Rights began processing complaints of discrimination on May 22 This decision effectively means that LGBT discrimination is now illegal under state law 32 33 The decision was hailed by human rights group but denounced by conservative groups Michigan Attorney General Bill Schuette hit back at the decision accusing the Commission of overstepping its authority In July 2018 Schuette said that the decision is invalid because it conflicts with the original intent of the Legislature as expressed in the plain language of the state s civil rights law 34 The Commission subsequently reiterated its support for the decision and the Department of Civil Rights announced that it would continue to investigate discrimination complaints based on sexual orientation and gender identity The Michigan Civil Rights Commission is an independent constitutionally created and established body Agustin V Arbulu director of the Department of Civil Rights said The Commission is not bound by the opinion of the Attorney General The only recourse is for the courts to determine if issuing the interpretive statement was within the scope of the commission s authority and that is the appropriate venue for resolving this issue 35 The Detroit Free Press denounced Schuette for the opinion calling it a shameful display of bigotry also condemning Schuette for his association with President Donald Trump who had endorsed him for that year s gubernatorial election which Schuette lost to Democrat Gretchen Whitmer 36 EEOC v R G amp G R Harris Funeral Homes Edit On March 7 2018 the United States Court of Appeals for the Sixth Circuit covering Kentucky Michigan Ohio and Tennessee ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBT people Aimee Stephens a transgender woman began working for a funeral home and presented as male In 2013 she told her boss that she was transgender and planned to transition She was promptly fired by her boss who said that gender transition violat es God s commands because a person s sex is an immutable God given gift 37 With this decision discrimination in the workplace based on gender identity is now banned in Michigan 2020 Michigan business court ruling Edit In December 2020 a court ruling legally allowed businesses within Michigan to discriminate against LGBT individuals Michigan Attorney General Dana Nessel is appealing the court s ruling 38 39 40 41 42 Over thirty local municipalities have local human rights ordinances which prohibit discrimination based on sexual orientation and or gender identity in employment and housing 43 Ingham Washtenaw and Wayne counties also prohibit discrimination on the basis of sexual orientation and gender identity in government employment 44 Holland Michigan passed on August 19 2020 a Non Discrimination ordinance that includes protections against discrimination 45 for people based on gender identity gender expression and sexual orientation in the areas of employment housing and public accommodation 46 Municipality Sexualorientation Genderidentity Employmentprotections Housingprotections DateAdrian April 21 2014 47 Albion 2015 48 49 Ann Arbor note 1 1999 51 July 1972 52 50 53 Battle Creek September 3 2013 54 Bay City 2016 55 Birmingham 1992 56 Buchanan June 10 2019 57 Cadillac September 17 2018 58 Canton Township June 11 2014 59 Chelsea 2016 48 Dearborn Heights 2006 56 Delhi Township October 1 2013 60 Delta Township October 21 2013 61 Detroit 2008 1979 53 51 56 Douglas 1995 56 East Grand Rapids March 26 2015 62 East Lansing note 2 2005 51 1986 52 March 7 1972 63 Farmington Hills 2014 48 Fenton June 9 2014 64 65 Ferndale note 3 2006 53 51 56 Flint note 4 1990 56 Grand Ledge 2000 56 Grand Rapids 1994 51 56 Howell 2016 48 Huntington Woods note 5 2001 56 Jackson 2017 48 Kalamazoo note 6 2009 51 56 Kalamazoo Township July 22 2013 69 Lake Orion 2016 70 Lansing 2006 53 51 56 Lathrup Village February 24 2014 71 Linden September 12 2013 72 Marquette December 14 2015 73 Meridian Township July 10 2013 74 Mount Pleasant July 9 2012 75 67 76 77 Muskegon March 12 2012 67 78 Oshtemo Township August 27 2013 79 Pleasant Ridge note 7 March 4 2013 66 Portage 2016 48 Royal Oak note 8 November 5 2013 80 Saginaw 1984 56 Saint Joseph March 11 2019 81 Saline March 5 2018 82 Saugatuck 2007 51 56 Saugatuck Township 2007 56 Southfield 2015 48 Traverse City note 9 October 4 2010 83 Trenton November 12 2013 85 Union Township October 11 2012 67 75 Wayland 2015 48 Ypsilanti 1997 51 56 Notes While East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation Ann Arbor was the first to pass comprehensive protections that included employment housing and public accommodations 50 East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation 63 Ferndale voters passed the measure in 2006 after three voter referendums since the time it was first proposed in 1991 66 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 identity component is not 67 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 68 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 56 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 66 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 80 On October 4 2011 the Traverse City Commission approved the measure to prevent discrimination based on sexual orientation or gender identity 83 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 84 Hate crime law EditSince 1992 sexual orientation has been recognized for data collection about hate crimes in Michigan 86 In August 2021 a court in Michigan declared that gender identity is implicitly included within the 1992 hate crime laws of Michigan under the gender interpretation 87 Conversion therapy EditSee also List of U S jurisdictions banning conversion therapy In June 2019 Huntington Woods City Commission passed an ordinance in a unanimous 5 0 vote banning conversion therapy in a first reading 88 As of June 2019 there is no statewide ban on conversion therapy in Michigan A year later in July 2020 the Madison Heights City Council unanimously approved the amendment to the city s ordinance on minors upon its second reading effectively prohibiting the practice within the city Conversion therapy in the community is ineffective causes suicide and even traumatizing for LGBT individuals 89 In August 2020 the Michigan City of Royal Oak also passed an ordinance that banned conversion therapy on minors explicitly with up to 90 days jail or imprisonment and a 500 fine 90 Michigan executive order Edit In June 2021 the Governor of Michigan Gretchen Whitmer signed an executive order that bans statewide taxpayers dollars or funding going towards conversion therapy on minors Some cities and counties of Michigan already legally ban conversion therapy by local ordinances 91 92 Gender identity and expression EditBirth certificates Edit On June 30 2021 a 1978 law and policy within Michigan requiring sexual reassignment surgery to change sex on an individual s birth certificate was formally declared unconstitutional by the courts Individuals since June 30 2021 can formally change sex without sexual reassignment surgery similar to an individual changing sex on a drivers licence The Michigan Department of Health and Human Services Director Elizabeth Hertel asked the attorney general in February to examine the constitutionality of the 1978 law that requires a written statement from a physician confirming that gender confirmation surgery has been completed 93 94 95 Driver s licenses Edit In November 2019 Michigan implemented a new government software system to change an individuals gender or sex on drivers licenses and I D s within the state by both a signed statutory declaration and a fee 96 97 In January 2020 plans were announced to begin offering an X marker on driver licenses at an unspecified future date 98 In November 2021 the Secretary of State said the option would be available soon 99 Transition in childhood Edit On October 11 2022 House Bill 6454 was introduced in the state legislature If the bill passes any parent or physician who consents to obtains or assists with a gender transition procedure for a child will face life in prison for the felony of child abuse in the first degree 100 Public opinion EditA 2017 Public Religion Research Institute poll found that 63 of Michigan residents supported same sex marriage while 29 were opposed and 8 were unsure 3 Additionally 70 supported an anti discrimination law covering sexual orientation and gender identity 22 were opposed The PRRI also found that 62 were against allowing public businesses to refuse to serve LGBT people due to religious beliefs while 31 supported such religiously based refusals Summary table EditSame sex sexual activity legal Since 2003 nationwide Equal age of consent 16 Since 2003 nationwide Anti discrimination laws in all areas Both sexual orientation and gender identity since 2019 re affirmed by a ruling from the Michigan Supreme Court in 2022 101 Same sex marriages Since 2015 Joint and stepchild adoption by same sex couples In September 2019 a judge within Michigan allowed discrimination against LGBT individuals adopting children within adoption agencies on the technical legal grounds of fundamental religious beliefs and freedoms As with all court cases they are subject to appeal in the future Lesbians gays and bisexuals allowed to serve openly in the military Since 2011 Transgender people allowed to serve openly in the military Most Transgender personnel allowed to serve openly since 2021 102 Intersex people allowed to serve openly in the military Current DoD policy bans Hermaphrodites from serving or enlisting in the military Right to change legal gender on a birth certificate without surgery Since 2021 Access to IVF for lesbians Automatic parenthood on birth certificates for children of same sex couples Abolition or repeal of the archaic gay and trans panic defense Conversion therapy banned on minors Some cities and counties by ordinance and a state wide taxpayers dollars or funding legally banned by executive order since June 2021 92 Third gender or X option on government documents such as drivers licences I D s and birth certificates Since 2021 LGBT anti bullying law in schools and colleges LGBT inclusive history education required to be taught in schools LGBT inclusive sex education required to be taught in schools Surrogacy access for gay male couples MSMs allowed to donate blood Since 2020 3 month deferral period federal policy Hate Crime law for crimes on the basis of sexual orientation Only for data collection on hate crimes in Michigan Hate Crime law for Crimes on the basis of Gender Identity Since 2021 implicitly 87 See also EditPolitics of Michigan LGBT history in Michigan LGBT rights in the United States Rights and responsibilities of marriages in the United States Law of MichiganPortals LGBT Law Politics MichiganReferences Edit Michigan Supreme Court rules sex discrimination ban includes sexual orientation July 30 2022 Home Page Motor City Pride Archived from the original on August 30 2021 Retrieved February 28 2021 a b PRRI American Values Atlas ava prri org Archived from the original on April 4 2017 Retrieved March 15 2018 Howard Drew March 14 2018 Bill Banning Conversion Therapy in Washington State Enters Final Phase PrideSource Archived from the original on March 21 2018 Retrieved February 28 2021 Election 2004 Ballot Measures CNN Archived from the original on September 6 2013 Retrieved November 30 2006 Judge strikes down 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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 Walton Nicole December 15 2015 Anti discrimination ordinance passed by Marquette City Commission wnmufm org Retrieved December 21 2015 Meridian Township Adopts Inclusive Policies Between the Lines July 18 2013 Retrieved October 23 2013 a b Union Township adopts human rights law The Morning Sun October 12 2012 Retrieved January 2 2013 Ordinance No 973 PDF 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 a b AlHajal Khalil November 5 2013 Gay rights ordinance passes in Royal Oak Michigan Live Retrieved December 7 2013 Matuszak John March 12 2019 St Joseph approves LGBT non discrimination ordinance The Herald Palladium Saint Joseph Michigan Retrieved March 12 2019 City of Saline Passes Non Discrimination Ordinance a b 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 PDF City of Trenton Retrieved February 3 2014 Section 28 257a Legislature mi gov March 30 1992 Archived from the original on January 3 2013 Retrieved June 29 2014 a b Court says trans people are protected by Michigan s hate crimes law Archived from the original on August 9 2021 Retrieved August 9 2021 Huntington Woods Bans Gay Conversion Therapy CBS Detroit Huntington Woods June 5 2019 Archived from the original on June 6 2019 Retrieved June 6 2019 Kozlowski Andy August 7 2020 Madison Heights bans conversion therapy for minors C amp G News Archived from the original on June 24 2021 Retrieved February 28 2021 McConnell Mike August 12 2020 Royal Oak latest city to ban gay conversion therapy Archived from the original on September 19 2020 Retrieved February 28 2021 Whitmer bans government funds for conversion therapy on minors calls for practice to be outlawed in Michigan June 14 2021 Archived from the original on June 15 2021 Retrieved June 15 2021 a b Whitmer No public funds will be used for conversion therapy in Michigan Bridge Michigan Archived from the original on June 14 2021 Retrieved June 15 2021 Sex reassignment requirement under Michigan s birth certificate law unconstitutional AG opines June 30 2021 Archived from the original on June 30 2021 Retrieved July 1 2021 AG Nessel Finds Birth Certificate Policy Unconstitutional June 30 2021 Archived from the original on June 30 2021 Retrieved July 1 2021 Michigan Archived November 11 2017 at the Wayback Machine National Center for Transgender Equality Villarreal Daniel November 11 2011 Michigan just made it super easy for trans people to correct the gender on their ID LGBTQ Nation Archived from the original on March 9 2021 Retrieved February 28 2021 ID Documents Center Michigan National Center for Transgender Equality May 2020 Archived from the original on January 17 2021 Retrieved February 28 2021 LeBlanc Beth January 8 2020 Michigan may add third gender option to driver s license The Detroit News Archived from the original on March 5 2021 Retrieved February 28 2021 Michigan adds nonbinary option to driver licenses Michigan Advance Archived from the original on November 8 2021 Retrieved November 8 2021 House Bill No 6454 www legislature mi gov October 11 2022 Retrieved October 12 2022 Michigan s high court rules existing law bans anti LGBTQ discrimination July 29 2022 Baldor Lolita C Miller Zeke January 25 2021 Biden reverses Trump ban on transgender people in military AP News Archived from the original on January 29 2021 Retrieved February 28 2021 Retrieved from https en wikipedia org w index php title LGBT rights in Michigan amp oldid 1133070202, wikipedia, wiki, book, books, library,

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