Gay marriage in Michigan: Lawmakers push to codify rights banned by state constitution

LANSING, Mich. (FOX 2) - If it wasn't for the 2015 Supreme Court case Obergefell v. Hodges, gay marriage would be illegal in Michigan, but state lawmakers are working to change that.

Though Obergefell legalized same-sex marriages nationwide, there is no current state law guaranteeing the same right. Meanwhile, there are fears that the Supreme Court may take another look at the ruling and overturn it, like it did with Roe v. Wade.

In 2004, Michigan voters approved the addition of language to the state constitution stating that "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose."

If the Obergefell ruling were overturned, same-sex marriage in Michigan would be illegal - unless the current 2004 ban is amended.

Codifying gay marriage in Michigan

State Rep. Jason Morgan (D-Ann Arbor) and other lawmakers have been pushing to change the amendment and codify gay marriage in Michigan.

Because Michigan voters banned gay marriage in 2004, legalizing the practice would first require voters to remove the ban from the state constitution via ballot proposal.

Morgan, who is gay, introduced House Joint Resolution F, a bill that would codify gay marriage, last year. That bill needs ⅔ support from the Legislature to advance to voters, but it hasn't moved much because Morgan said lawmakers don't think they have enough backing currently.

The problem isn't with the voters, he said, but with Republican lawmakers who may not be on board with it.

"I believe the people will vote to support families," Morgan said. "The support just isn't there for ⅔ majority (in the Legislature)."

The measure can also be brought to the public through a citizen-driven petition, but Morgan is hoping it can make its way to voters through the House and Senate.

Even if the resolution doesn't advance, Morgan said he will keep pushing to protect the right to marry in Michigan.

"It's just so important," he said. "This is something I'm very passionate about."

What happens if Obergefell is overturned

Under the existing amendment, if Obergefell were to be overturned, existing marriages in Michigan would be recognized, but future LGBTQ+ marriages would be banned, Morgan said.

A similar scenario played out in 2022 when nationwide abortion was removed following a Supreme Court ruling. The overturning of that ruling allowed states to decide if they would allow abortions. Michigan had an existing abortion ban that was lifted after voters passed a proposal to allow the procedure.

After Roe, the ruling, Justice Clarence Thomas said that the Supreme Court should reconsider rulings that legalized same-sex marriage and protected same-sex relationships, creating fear in states that don't have protections in place.

Though President-elect Donald Trump hasn't expressed a desire to roll back gay marriage protections, there are concerns about the ruling and the future of marriage in the United States.

"I do believe that marriage equality is at risk under the Trump administration," Morgan said.

Morgan also noted that there are some lawmakers in Michigan who want gay marriage banned, namely Rep. Josh Schriver (R-Oxford).

"He wants to dissolve families and tear them apart," Morgan said.

Schriver recently posted on X that gay marriage should be illegal again.

"America only ‘accepted’ gay marriage after it was thrusted into her by a perverted Supreme Court ruling," Schriver wrote in part. "Make gay marriage illegal again. This is not remotely controversial or extreme."

Schriver doubled down on what he said in a statement, where he wrote that gay marriage offends God.

The Source: Information from this story comes from Michigan's constitution, as well as from an interview with Rep. Jason Morgan.