Senate Committee Considers Repeal of Michigan Same-Sex Marriage Ban
On March 20th, the state of Michigan held hearings before committees including Civil Rights and Judiciary regarding Joint Resolution F aimed at repealing its constitutional amendment banning same-sex marriage.
Key Points
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1Michigan Democrats are pushing for the repeal of same-sex marriage bans through both legislative resolutions and constitutional amendments.
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2The state Senate Civil Rights, Judiciary, and Public Safety committee held hearings on Thursday regarding a joint resolution to remove these restrictions from Michigan's constitution.
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3Lawmakers argue that overturning this 2014-approved amendment is necessary because the ban cannot be allowed to remain dormant or enforceable in its current form.
Developments
Michigan Democrats introduced joint resolution SJR to repeal the state's ban on same-sex marriage following hearings before key committees this week. While current protections for gay and lesbian couples stem from a federal 2015 U.S. Supreme Court ruling, lawmakers are now seeking legislative action in Lansing to remove these restrictions entirely through Senate Joint Resolution F (SJR).
Michigan lawmakers seek voter approval via constitutional amendment or ballot initiative because current state law banning same-sex marriage would still override nationwide legalization should *Obergefell v. Hodges* be overturned by the Supreme Court in a post-*Roe v.* Wade legal environment, as highlighted by Senator Jeremy Moss's push for bipartisan support to place this issue on the November 2018 ballot.
Senators introduced and urged passage of Resolution 20-1 to place language repealing Section 25 on Article I (the state constitution) before voters. This amendment would remove the provision banning same-sex marriage unions from Michigan's law, which was originally approved by voters in a constitutional referendum held March 3–4, but has been unenforceable since June of that year due to federal court rulings legalizing such marriages nationwide.
Michigan's Senate is debating a proposal to amend the state constitution by removing its ban on same-sex marriage despite federal legalization in 2015 and an earlier voter-approved amendment that established such bans as constitutional law. Repealing this restriction would require supermajority support from both legislative chambers, including Republicans who currently control the House of Representatives, plus approval via a statewide ballot measure.