| LGBT rights in Michigan | |
|---|---|
Michigan (USA) |
|
| Same-sex sexual activity legal? | Legal since 2003 (Lawrence v. Texas) |
| Gender identity/expression | — |
| Recognition of relationships |
None |
|
Restrictions:
|
Michigan State Proposal – 04-2 (2004) limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions |
| Adoption | — |
| Discrimination protections | Within Government employment only (see below) |
The Michigan constitution bans same-sex marriage and places restrictions towards the forming of same-sex unions.
Contents |
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.
As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Michigan legislators
In 2004, voters approved a constitutional amendment, Michigan State Proposal - 04-2, that banned same-sex marriage and civil unions in the state. It passed with 58.6% of the vote. The Michigan Supreme Court later ruled that public employers in Michigan would not be legally allowed to grant domestic partnership benefits based on the recently passed measure.[1]
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.[2]
On June 13, 2009, at an LGBT rally in Lansing, state representative Pam Byrnes, a Democrat, announced plans to introduce legislation that would pave the way for amending the state constitution to allow same-sex marriage.
Currently, there is a Michigan Government Order that Government employment is protected on the basis of a persons sexual orientation or gender identity. However there are no laws based on a person's sexual orientation or gender identity within Michigan outside of Government employment.[3]
State law does not address hate crimes based on gender identity or sexual orientation. According to two gay rights groups, anti-gay hate crimes had a 133% increase in 2008.[4]
Michigan is one of four states (the other three being Florida, Mississippi, and Nebraska) that explicitly prohibits adoption by same-sex couples.[5]
A July 2011 Public Policy Polling 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.[6]
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