LGBT rights in Michigan
Encyclopedia
The Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 constitution bans same-sex marriage and places restrictions towards the forming of same-sex unions.

Laws against same-sex intimate contact

Same-sex sexual acts are legal in Michigan, previously criminalized until the state's sodomy laws (which applied to both homosexuals and heterosexuals), were struck down in 2003 by the United States Supreme Court in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...

.

As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Michigan legislators

Recognition of same-sex relationships

In 2004, voters approved a constitutional amendment, Michigan State Proposal - 04-2
Michigan State Proposal - 04-2 (2004)
Michigan State Proposal - 04-2 of 2004, is an amendment to the Michigan Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions...

, that banned same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 and civil unions in the state. It passed with 58.6% of the vote. The Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...

 later ruled that public employers in Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 would not be legally allowed to grant domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...

 benefits based on the recently passed measure.

The public opinion has changed since 2004. A June 2009 poll showed a substantial shift in opinions towards the legal recognition of same-sex unions in Michigan, with 63.7% of residents supporting civil unions for same-sex couples and 46.5% of residents supporting full marriage rights for same-sex couples.

On June 13, 2009, at an LGBT rally in Lansing, state representative Pam Byrnes
Pam Byrnes
Pam Byrnes is the former Democratic State Representative in the Michigan State House of Representatives, representing the 52nd District which covers parts of Washtenaw County.- 2004 election :...

, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

, announced plans to introduce legislation that would pave the way for amending the state constitution to allow same-sex marriage.

Discrimination protections

Currently, there is a Michigan Government Order that Government employment is protected on the basis of a persons sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

 or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

. However there are no laws based on a person's sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

 or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

 within Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 outside of Government employment.

Hate crimes

According to two gay rights groups, anti-gay hate crimes had a 133% increase in 2008.

Public opinion

A July 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...

 survey found that 33% of Michigan voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 62% of Michigan voters supported the legal recognition of same-sex couples, with 29% supporting same-sex marriage, 33% supporting civil unions but not marriage, 35% favoring no legal recognition and 3% not sure.

See also

  • Politics of Michigan
  • LGBT rights in the United States
  • Rights and responsibilities of marriages in the United States
    Rights and responsibilities of marriages in the United States
    According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...

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