Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.
On March 21, 2014, the U.S. District Court for the Eastern District of Michigan ruled the state's denial of marriage rights to same-sex couples unconstitutional. More than 300 same-sex couples married in Michigan the next day before the Sixth Circuit Court of Appeals stayed enforcement of the district court's decision. On November 6, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. The state was ordered to recognize the 323 marriages performed on March 22, and the state announced it would not appeal that order.
Legal history
Statutes
In June 1995, the Michigan House of Representatives voted 88–14 to ban same-sex marriage in the state, and the Michigan State Senate voted 31–2 in favor. That same month, the House approved by a 74–28 vote a bill banning recognition of out-of-state same-sex marriages. The Senate also approved this bill. Governor John Engler signed both bills into law.
In June 2023, Representative Jason Morgan introduced legislation to the Michigan Legislature to amend all gendered marital references in state statutes and repeal the statutory ban on same-sex marriages.
Constitutional amendment
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. The Michigan Supreme Court later ruled that public employers in Michigan could not grant domestic partnership benefits given the restrictions imposed by the amendment.
Following the 2022 elections, in which the Democratic Party won full control of the state government for the first time since 1983, some Democratic lawmakers said they were considering introducing a constitutional amendment to repeal the 2004 ban. Representative Jeremy Moss said, "Regardless of what happens with Obergefell in the future – which obviously, there is a threat it could be overturned – right now, we have unconstitutional language in our Constitution. […] We should be working now, as we should have been working, to repeal the language in our constitution that bans marriage equality." Attorney General Dana Nessel said she would push for such an amendment to be passed and placed on the ballot for approval by voters. In June 2023, Representative Morgan introduced a constitutional amendment to codify same-sex marriage in the Michigan Constitution and repeal the 2004 ban. Morgan said, "No couple in our state should live with the fear that their marriage could be put into jeopardy. While marriage between individuals of the same sex is currently protected through a ruling of the U.S. Supreme Court, the overturning of Roe v. Wade has made it clear how precarious our rights truly are. I am so excited to be marrying the love of my life, Jon, this year, and I will not rest until we protect the right to marriage for every couple in Michigan." The measure requires a two-thirds majority in both chambers of the Michigan Legislature and approval by voters.
Lawsuits
DeBoer v. Snyder
On January 23, 2012, a lesbian couple filed a lawsuit, DeBoer v. Snyder, in the U.S. District Court for the Eastern District of Michigan, challenging the state's ban on adoption by same-sex couples. In August 2012, Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". On March 7, 2013, Friedman announced that he would delay ruling pending the outcome of two same-sex marriage cases before the U.S. Supreme Court, United States v. Windsor and Hollingsworth v. Perry. Friedman held a trial from February 25 to March 7, 2014. On March 21, he ruled for the plaintiffs, ending Michigan's denial of marriage rights to same-sex couples. Attorney General Bill Schuette immediately filed an emergency motion requesting a stay of the ruling.