Michigan Lawmakers Advance Constitutional Amendment to Safeguard Marriage Equality

In a significant development for LGBTQ+ rights, Michigan State Senator Jeremy Moss has put forward Senate Joint Resolution F, a measure that would amend the Michigan Constitution to remove outdated and discriminatory language banning same-sex marriage and replace it with gender-neutral marriage protections. This effort seeks to ensure that marriage rights for all Michiganders are preserved, regardless of future shifts in federal court decisions .

The Michigan Constitution currently contains a provision, passed in 2004, that defines marriage exclusively as a union between one man and one woman. While the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges rendered such bans unenforceable nationwide, the language remains part of Michigan’s foundational legal document .

Senator Moss’s resolution would repeal this section and amend Article X, Section 1, substituting gendered terms such as “woman” and “husband” with inclusive terms like “individual” and “spouse.” The move is modeled after similar state-level amendments recently adopted in California, Colorado, and Hawaii, which have each proactively protected marriage equality in their constitutions .

Because constitutional amendments in Michigan require a voter-approved ballot measure, Senate Joint Resolution F must first secure a two-thirds majority vote in both the state Senate and House of Representatives. Currently, Democrats hold 19 of 38 Senate seats, with all Democratic senators co-sponsoring the resolution. To advance, the measure needs support from six Republican senators. If it passes the Senate, it moves to the House, where a two-thirds vote—73 out of 110 representatives—is also required .

If both chambers approve SJR F, the amendment would be placed on the ballot in the next general election, giving Michigan voters the ultimate say in whether to protect marriage equality in the state constitution .

Senator Moss, the first openly gay person to serve in the Michigan Senate, emphasized the urgency of acting at the state level, particularly in light of the U.S. Supreme Court’s recent decision to decline hearing a challenge to Obergefell v. Hodges. “Supreme Court decisions are, sadly, now only a moment in time and subject to a future case and a future court to make a completely opposite decision,” Moss stated, stressing the need for Michigan to protect the rights of its residents regardless of the political climate in Washington .

Advocates argue that removing discriminatory constitutional language and replacing it with inclusive protections is not only a legal necessity but also a powerful affirmation of Michigan’s commitment to equality for all families. This action is seen as particularly critical for LGBTQ+ couples and transgender people, who have historically faced legal uncertainty and discrimination .

LGBTQ+ organizations and community leaders have largely welcomed the resolution, describing it as an overdue step toward genuine equality. Many highlight the importance of explicit legal protections amid ongoing efforts in other states to limit LGBTQ+ rights and the uncertainty posed by shifting federal judicial priorities .

“Marriage equality is a settled issue in Michigan,” Moss told reporters. “Anybody who wants to relitigate that is on the other side of where most Michiganders are. So we have to push forward, to strip this language from our constitution to protect the rights of everybody in our state” .

If successful, Michigan’s constitutional amendment would join a growing trend among states fortifying marriage rights at the state level, sending a strong message in support of LGBTQ+ individuals and families, and providing a legal backstop should the federal landscape change.