Michigan lawmakers are looking to change the state’s ban on same-sex marriage and civil partnerships, which was voted in by nearly six out of every 10 Michiganders in 2004. House Joint Resolution F, introduced on June 15, would strike from the state constitution wording that restricts marriage to a man and a woman. A package of 50 bills, from HB 4764 to HB 4814, would then clean up language in other parts of state law to remove gendered mentions of marital status, instead using the word “spouse” in areas such as tax policy, disability compensation, and divorce proceedings.
The resolution needs approval from two-thirds of the House, instead of a standard majority vote, as it involves a constitutional change. Even if approved, the resolution would not immediately amend the constitution but would allow the decision to be placed on a ballot for a vote. This could be a difficult process, as Democrats only have a two-seat majority over Republicans in the House.
Should the joint resolution fail, supporters of a push to alter the state constitution would instead need to collect signatures to place a question on the ballot. This is how Proposal 3, which successfully amended the state constitution to guarantee a right to abortion, earned a spot on the ballot in 2022.
The 2015 U.S. Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage nationwide. However, there is concern that relying on a potentially reversible court decision could impact the ability for same-sex couples to get married. This concern was exacerbated by the court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the 1973 decision establishing a constitutional right to abortion. Justice Clarence Thomas, in his concurring opinion on Dobbs, suggested the court should revisit topics such as same-sex marriage and contraception.
Representatives Jason Morgan and Mike McFall, both Democrats, are spearheading the effort to change Michigan’s law. They are realistic about the likelihood of the measure passing through the House, as 18 Republicans would have to join with Democrats for it to pass. By comparison, only eight Republicans crossed party lines to vote with Democrats in codifying gender identity and sexual orientation protections into Michigan’s civil rights act.
Should a referendum be triggered, Morgan believes it would succeed. He believes it is too important to not try this route.
Original Story at www.mlive.com – 2023-06-21 11:30:00
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