Michigan has banned all forms of same-sex marriage or partnerships. Michigan Equality is working hard with our partner organizations to repeal anti-gay discriminatory marriage (and other) laws and provide all citizens of Michigan a place to call home.

History:

In 1996, Michigan lawmakers changed the definition of marriage to “a unique relationship between a man and a woman.” The law also provides that a man “shall not marry” another man and the same prohibition exists for two women.

In early 2004, House Joint Resolution U (HJR U) was introduced in the Michigan State House of Representatives and was soundly defeated thanks to many courageous Michigan Represenatives. However, the attack on same-sex marriage did not stop there.

Later that year (2004), Michigan voters passed an anti-gay discriminatory constitutional marriage amendment, stating that "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose." Michigan Equality worked with the Coalition for a Fair Michigan and other local organizations to defeat this harmful amendment, however, despite our efforts, Proposal 2 (as it was known on the ballot) passed with nearly 59% of voters saying "yes."

Shortly thereafter, Michigan Equality, ACLU, and a host of other local organizations joined together to file a lawsuit over the passage of Proposal 2, stating it was misleading and wanted confirmation on the impact the amendment would have on domestic partner benefits.

On September 27, 2005, Ingham County Circuit Court Judge Joyce Draganchuk ruled that the constitutional amendment did not impact domestic partner benefits. This allowed the state government and municipalties the ability to continue to provide medical benefits to both same-sex and heterosexual domestic partners.

Attorney General Mike Cox appealed the decision to the Michigan Court of Appeals. On February 2, 2007, the Michigan Court of Appeals ruled that the state's marriage amendment prohibits public employers from offering domestic partner benefits. Michigan Equality, ACLU, and our partner organizations appealed the decision to the Michigan Supreme Court. The Michigan Supreme Court, which has the right to refuse to hear appeals, agreed to review the case.

On May 7, 2008. the Michigan Supreme Court ruled by a vote of 5-2 that the state constitutional amendment against same-sex marriage approved by Michigan voters on November 2, 2004, makes it illegal for public employers in that state to provide health insurance benefits to domestic partners of their employees.

Looking forward:

The bottom line is that recognition of marriages by same-sex couples is a developing policy area, with a lot of practical uncertainty for these couples.  For some, getting married in a place like Canada or California will provide them with some additional protections they want and deserve for their family.  For others, it may not and may instead lead to challenges in other areas of their lives (for example, getting married may jeopardize an individual's status in the military, or pose a danger for bi-national couples).

In the end, all couples should agree that the best way for our families to have certainty is for the citizens of Michigan to repeal the constitutional amendment banning same-sex marriage. Only with the repealing of laws banning same-sex marriage and the passage of a marriage equality law will all areas of Michigan State government be on the same page and provide true security for committed couples who make a lifetime promise to take care of and be responsible for each other.

For more information, go to:

"Getting Married Out of State: Q&A"