LGBTQ rights in Michigan

Last updated

LGBTQ rights in Michigan
Map of USA MI.svg
Status Legal statewide since 2003
( Lawrence v. Texas ); legislative repeal pending [ citation needed ]
Gender identity Altering sex on a birth certificate does not require sex reassignment surgery
Discrimination protections Sexual orientation and gender identity protections codified in 2023 [1] (see below)
Family rights
Recognition of relationships Same-sex marriage since 2015
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Michigan enjoy the same rights as non-LGBTQ people. Michigan in June 2024 was ranked "the most welcoming U.S. state for LGBT individuals". [2] Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful 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". [3] 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 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. [4] Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. [5] In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children. [6]

Contents

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. [7] While a majority of Michiganders support same-sex marriage, [8] the formerly Republican-controlled Legislature had mostly ignored LGBT-related legislation, and as such progress had been slow (and had thus mostly come from the courts and local municipalities). [9] In July 2023, Michigan officially banned conversion therapy state-wide by legislation. [10] [11]

Legality of same-sex sexual activity

Equality Michigan is the state's most prominent LGBT advocacy group. Equality Michigan Logo.svg
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 . However, Michigan has not yet legislatively repealed its sodomy law. Massachusetts and Michigan are the only northern U.S. states where same-sex sexual activity has not been codified into statutory law.

Recognition of same-sex relationships

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. [12]

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. [13] 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. [14] Later that day, the Sixth Circuit stayed Judge Friedman's order until March 26. [15] On March 25, 2014, the Sixth Circuit stayed the ruling indefinitely. [16] On March 28, 2014, U.S. Attorney General Eric Holder announced the Federal Government will recognize the same-sex marriages performed on March 22. [17]

On November 6, 2014, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. [18] 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.
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
City offers domestic partner benefits
County-wide partner benefits through domestic partnership
County or city does not offer domestic partner benefits Michigan counties and cities with domestic partnerships.svg
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. [19] [20] 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." [21]

Adoption and parenting

In July 2023, the Michigan Supreme Court made an official ruling that fully guarantees legal parental rights, responsibilities and obligations for same-sex couples who have children or a child - even before same-sex marriage went into effect known a retrospective policy. [22] [23]

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. [24]

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. [25] and in September amended that suit to challenge the state's ban on same-sex marriage as well. [26]

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. [27]

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. [28]

Surrogacy

In March 2024, a bill passed both houses of the Michigan Legislature decriminalising commercial (paid not altruistic) surrogacy contracts. The Governor of Michigan signed the bill into law. [29] [30]

Discrimination protections

In October 2023, insurance companies and corporations within Michigan are explicitly banned from discriminating against individuals on the basis of sexual orientation and gender identity - under a bill that passed both houses of the Michigan Legislature. The Governor of Michigan signed the bill into law. [31]

In August 2023, a Michigan fruit and orchard market farmer who opposed same-sex marriage won a court case officially "based on legal precedent". [32] Since 2023, LGBTQ people are explicitly included within Michigan's Elliott-Larsen Civil Rights Act . [33] [34] As early as the 1973 committee hearing on the Elliott-Larsen Civil Rights Act, members of the LGBTQ community in Michigan sought to be included in the law. [35] [36] 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, [37] none of which passed. [38] Since Kolb's 2005 legislation, a number of additional bills have been introduced to add protections for the LGBT community. [39]

In June 2023, an LGBTQ+ Commission was established within Michigan - by the Governor of Michigan. [40]

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. [41] On November 22, 2007, Governor Jennifer Granholm extended her executive order to include gender identity. [42] 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. [43] [44]

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. [45]

In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. The bill was signed into law by Governor Gretchen Whitmer on March 8, 2023. [34]

2018 Civil Rights Commission decision

In September 2017, after the legislature had voted 11 times to reject protecting LGBTQ 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. [46]

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. [47] [48] 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". [49] 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." [50] 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. [51]

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 LGBTQ 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." [52] With this decision, discrimination in the workplace based on gender identity is now banned in Michigan.

Codification of ELCRA protections

In December 2020, a court ruling legally allowed businesses within Michigan to discriminate against LGB individuals. Michigan Attorney General Dana Nessel appealed the court's ruling. [53] [54] [55] [56] [57] In July 2022, the Michigan Supreme Court sided with AG Nessel and affirmed that Michigan's Elliott-Larsen Civil Rights Act (ELCRA) prohibits discrimination on the basis of an individual's sexual orientation. [58] In March 2023, after Democrats won a trifecta in Michigan, Governor Gretchen Whitmer signed legislation to ensure the high court's ruling could not be overturned, explicitly banning discrimination on the bases of sexual orientation, or gender identity or expression. [59]

Local ordinances

Over fifty local municipalities have local human rights ordinances which prohibit discrimination based on sexual orientation and/or gender identity in employment and housing. [60]

Ingham, Washtenaw, and Wayne counties also prohibit discrimination on the basis of sexual orientation and gender identity in government employment. [61] Holland, Michigan passed on August 19, 2020, a Non-Discrimination ordinance that includes protections against discrimination [62] for people based on gender identity, gender expression, and sexual orientation in the areas of employment, housing, and public accommodation. [63]

MunicipalitySexual
orientation
Gender
identity
Employment
protections
Housing
protections
Date
Adrian Yes check.svg Yes check.svg Yes check.svg Yes check.svg April 21, 2014 [64]
Albion Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2015 [65] [66]
Ann Arbor Yes check.svg [note 1] Yes check.svg (1999) [68] Yes check.svg Yes check.svg July 1972 [69] [67] [70]
Battle Creek Yes check.svg Yes check.svg Yes check.svg Yes check.svg September 3, 2013 [71]
Bay City Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2016 [72]
Birmingham Yes check.svg X mark.svg X mark.svg Yes check.svg 1992 [73]
Buchanan Yes check.svg Yes check.svg Yes check.svg Yes check.svg June 10, 2019 [74]
Cadillac Yes check.svg Yes check.svg Yes check.svg Yes check.svg September 17, 2018 [75]
Canton Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg June 11, 2014 [76]
Chelsea Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2016 [65]
Dearborn Heights Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2006 [73]
Delhi Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg October 1, 2013 [77]
Delta Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg October 21, 2013 [78]
Detroit Yes check.svg Yes check.svg (2008) Yes check.svg Yes check.svg 1979 [70] [68] [73]
Douglas Yes check.svg Yes check.svg Yes check.svg Yes check.svg 1995 [73]
East Grand Rapids Yes check.svg Yes check.svg Yes check.svg Yes check.svg March 26, 2015 [79]
East Lansing Yes check.svg [note 2] Yes check.svg (2005) [68] Yes check.svg Yes check.svg (1986) [69] March 7, 1972 [80]
Farmington Hills Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2014 [65]
Fenton Yes check.svg Yes check.svg Yes check.svg Yes check.svg June 9, 2014 [81] [82]
Ferndale Yes check.svg [note 3] Yes check.svg Yes check.svg Yes check.svg 2006 [70] [68] [73]
Flint Yes check.svg X mark.svg [note 4] X mark.svg Yes check.svg 1990 [73]
Grand Ledge Yes check.svg X mark.svg Yes check.svg Yes check.svg 2000 [73]
Grand Rapids Yes check.svg Yes check.svg Yes check.svg Yes check.svg 1994 [68] [73]
Holland Yes check.svg Yes check.svg Yes check.svg Yes check.svg August 19, 2020 [85]
Howell Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2016 [65]
Huntington Woods Yes check.svg [note 5] Yes check.svg Yes check.svg Yes check.svg 2001 [73]
Jackson Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2017 [65]
Kalamazoo Yes check.svg [note 6] Yes check.svg Yes check.svg Yes check.svg 2009 [68] [73]
Kalamazoo Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg July 22, 2013 [87]
Lake Orion Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2016 [88]
Lansing Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2006 [70] [68] [73]
Lathrup Village Yes check.svg Yes check.svg Yes check.svg Yes check.svg February 24, 2014 [89]
Linden Yes check.svg Yes check.svg Yes check.svg Yes check.svg September 12, 2013 [90]
Marquette Yes check.svg Yes check.svg Yes check.svg Yes check.svg December 14, 2015 [91]
Meridian Township Yes check.svg Yes check.svg X mark.svg Yes check.svg July 10, 2013 [92]
Mount Pleasant Yes check.svg Yes check.svg Yes check.svg Yes check.svg July 9, 2012 [93] [84] [94] [95]
Muskegon Yes check.svg Yes check.svg Yes check.svg Yes check.svg March 12, 2012 [84] [96]
Oshtemo Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg August 27, 2013 [97]
Pleasant Ridge Yes check.svg [note 7] Yes check.svg Yes check.svg Yes check.svg March 4, 2013 [83]
Portage Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2016 [65]
Royal Oak Yes check.svg [note 8] Yes check.svg Yes check.svg Yes check.svg November 5, 2013 [98]
Saginaw Yes check.svg X mark.svg X mark.svg Yes check.svg 1984 [73]
Saint Joseph Yes check.svg Yes check.svg Yes check.svg Yes check.svg March 11, 2019 [99]
Saline Yes check.svg Yes check.svg Yes check.svg Yes check.svg March 5, 2018 [100]
Saugatuck Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2007 [68] [73]
Saugatuck Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2007 [73]
Southfield Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2015 [65]
Traverse City Yes check.svg [note 9] Yes check.svg Yes check.svg Yes check.svg October 4, 2010 [101]
Trenton Yes check.svg Yes check.svg Yes check.svg Yes check.svg November 12, 2013 [103]
Union Township Yes check.svg Yes check.svg Yes check.svg Yes check.svg October 11, 2012 [84] [93]
Wayland Yes check.svg Yes check.svg Yes check.svg Yes check.svg 2015 [65]
Ypsilanti Yes check.svg Yes check.svg Yes check.svg Yes check.svg 1997 [68] [73]

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. [67]
  2. East Lansing was the first community in the United States to enact civil rights protections that included sexual orientation. [80]
  3. Ferndale voters passed the measure in 2006 after three voter referendums since the time it was first proposed in 1991. [83]
  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. [84]
  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. [86]
  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%. [73]
  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. [83]
  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. [98]
  9. On October 4, 2011, the Traverse City Commission approved the measure to prevent discrimination based on sexual orientation or gender identity. [101] 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. [102]

Hate crime law

Since 2009, US-wide federal law explicitly includes sexual orientation and gender identity, under the Obama-era "Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act" (imbedded within the National Defense Authorization Act for Fiscal Year 2010 legislation fully implemented).

Since 1992, sexual orientation has been recognized for data collection about hate crimes in Michigan. [104]

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. [105]

In June 2023, the Michigan House of Representatives passed hate crime bills package - that explicitly includes and updates both "sexual orientation and gender identity". The Michigan Senate is yet to vote on the bills package. [106] [107]

Abolishing the gay and trans panic defence

In July 2024, a bill that turned into a law was passed, signed and implemented by the state legislature and Governor - to officially abolish the “gay and trans panic defence“ within Michigan. [108] [109]

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. [110] 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 is even traumatizing for LGBT individuals. [111] 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. [112]

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. [113] [114]

Michigan legislation

In June 2023, both houses of the Michigan Legislature passed a bill to formally implement a ban on conversion therapy practices permanently. The Governor of Michigan officially signed the bill into law in July 2023. [10] [115] [116]

In July 2024, several pending lawsuits against the one year old conversion therapy law were filed by religious organisations within the courts - that’s even despite religious organisations “explicitly being exempt” by the laws and statutes within Michigan. [117] [118]

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. [119] [120] [121]

Driver's licenses

In November 2019, Michigan implemented a new government software system to change an individual's gender or sex on drivers licenses and I.D.s within the state - by both a signed statutory declaration and a fee. [122] [123] In January 2020, plans were announced to begin offering an "X" marker on driver licenses at an unspecified future date. [124] In November 2021, the Secretary of State said the option would be available "soon". [125]

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. [126]

Respecting individual's pronouns

In September 2023, the Michigan Supreme Court announced a case decision on "respecting an individual's pronouns" for judges. [127]

Public opinion

A 2022 Public Religion Research Institute poll found that 68% of Michigan residents supported same-sex marriage, while 30% were opposed and 2% were unsure. Additionally, 78% supported an anti-discrimination law covering sexual orientation and gender identity. 19% were opposed. 3% were undecided. The PRRI also found that 66% were against allowing public businesses to refuse to serve LGBTQ people due to religious beliefs, while 31% supported such religiously based refusals. 3% were undecided. [8]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2003 - nationwide; constitutional repeal pending)
Equal age of consent (16) Yes check.svg (Since 2003 - nationwide)
Anti-discrimination laws in all areas Yes check.svg (Both sexual orientation and gender identity since 2019; re-affirmed by a ruling from the Michigan Supreme Court in 2022 and then formally codified and protected by legislation in 2023) [128] [1] [129]
Same-sex marriages Yes check.svg (Since 2015)
Joint and stepchild adoption by same-sex couples Yes check.svg / X mark.svg (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 Yes check.svg (Since 2011)
Transgender people allowed to serve openly in the military Yes check.svg / X mark.svg (Most Transgender personnel allowed to serve openly since 2021) [130]
Intersex people allowed to serve openly in the military X mark.svg / Yes check.svg (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)
Right to change legal gender on a birth certificate without surgery Yes check.svg (Since 2021)
Access to IVF for lesbians Yes check.svg
Automatic parenthood on birth certificates for children of same-sex couples Yes check.svg
Abolition or repeal of the archaic gay and trans panic defense Yes check.svg [131]
Conversion therapy banned on minors Yes check.svg (Since 2023) [10]
Third gender or X option on government documents - such as drivers licences, I.D.s and birth certificates Yes check.svg (Since 2021)
LGBT anti-bullying law in schools and colleges X mark.svg
LGBT-inclusive history education required to be taught in schools X mark.svg
LGBT-inclusive sex education required to be taught in schools X mark.svg
Inclusive surrogacy legislation Yes check.svg (Since 2024) [6]
MSMs allowed to donate blood Yes check.svg (Since 2023 - federal policy)
Hate Crime law for crimes on the basis of sexual orientation Yes check.svg / X mark.svg (Only for data collection on hate crimes in Michigan)
Hate Crime law for Crimes on the basis of Gender Identity Yes check.svg (Since 2021, implicitly) [105]

See also

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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.

<span class="mw-page-title-main">LGBT rights in New York</span>

The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.

<span class="mw-page-title-main">LGBTQ rights in Wisconsin</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wisconsin enjoy most of the same rights as non-LGBTQ people. However, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.

<span class="mw-page-title-main">LGBTQ rights in Colorado</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

<span class="mw-page-title-main">LGBTQ rights in Pennsylvania</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

<span class="mw-page-title-main">LGBTQ rights in North Carolina</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBTQ residents, or LGBT residents of other states with more liberal laws.

<span class="mw-page-title-main">LGBTQ rights in Arizona</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBTQ people from unfair discrimination in employment, housing and public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Indiana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.

<span class="mw-page-title-main">LGBTQ rights in Nebraska</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Kentucky</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Alaska</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Alaska have evolved significantly over the years. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBTQ people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

<span class="mw-page-title-main">Elliott-Larsen Civil Rights Act</span> Michigan state law

The Elliott-Larsen Civil Rights Act (ELCRA), or Public Act 453 of 1976, which went into effect in 1977, originally prohibited discrimination in Michigan only on the basis of "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status" in employment, housing, education, and access to public accommodations. A ruling by the Michigan Supreme Court on July 28, 2022 expanded the scope of the law to explicitly include protections for LGBT people. Sexual orientation and gender identity were both formally codified and added to Michigan legislation officially on March 16, 2023 and became Act 6 of 2023. Other classes added to the law since passage include pregnant workers, workers who seek abortions, and hair style and texture.

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