April 28, 2025
Flint, MI—At their quarterly meeting today in Flint, the Michigan Civil Rights Commission passed resolutions in support of removing Article 1, §25 from the State of Michigan constitution, which states 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."
They also passed a resolution reaffirming their commitment to preserving and enforcing state civil rights laws in light of recent federal executive orders that would abridge the rights of Michigan residents.
In the resolution titled RESOLUTION IN SUPPORT OF REMOVAL OF ARTICLE 1, §25 OF THE STATE OF MICHIGAN CONSTITUTION, the Commission said, in part, “… in June 2015 the United States Supreme Court in Obergefell v Hodges held that state bans on same-sex marriages were unconstitutional… [O]n March 16, 2023, the Michigan Elliott Larsen Civil Rights Act was amended to prohibit discrimination based on sexual orientation and gender identity…” and cites the Michigan Law Revision Commission 2016 Special Report that recommended removal of Article I, §25 from the State’s Constitution.
The Commission went on to say, “LGBTQ+ citizens enjoy the same rights and privileges as all Michiganders and should have the text of our laws not disparage them but accurately reflect the equal protection rights afforded them by the United States Constitution…” The Resolution concludes with the Commission’s support for “…legislative action, citizen initiatives or other legal efforts to remove the unconstitutional ban on same-sex marriages enshrined in Article I, §25 of the Michigan Constitution…” and urges the defeat of Michigan House Resolution No. 28.
"An often understated and underappreciated role that the Michigan Civil Rights Commission plays is to provide a warning when policy makers are treading a path that risks damaging Michiganders’ access to fundamental civil rights,” said David Worthams, Chair of the Commission. “The continued presence of Article I, Sec. 25 of our Constitution, in the light of the Obergefell decision and the logic used in Associate Justice Thomas' dissent in that decision, could have greater ramifications than just the current focus of those who wish to get rid of same-sex marriage. The dissent's logic could expand to weaken the protections established in Loving v. Virginia (1967) which provides that the fundamental right to marry includes different races and ethnicities. Today, I am glad that this Commission unanimously raised a warning that we need to be careful to ensure that we treat all Michiganders with the inherent dignity that belongs to all human beings."
In other action, the Commission passed RESOLUTION REAFFIRMING THE STATE CIVIL RIGHTS LAWS IN MICHIGAN AND THE MICHIGAN CIVIL RIGHTS COMMISSION’S COMMITMENT TO THEIR CONTINUED PRESERVATION AND ENFORCEMENT. The resolution says in part, “…the Elliott Larsen Civil Right Act …has seen an expansion of its protected classifications, as citizens of Michigan have evolved in their understanding and appreciation of the diversity of our citizenry and the importance of extending civil rights protections to vulnerable and marginalized citizens…”
The resolution continues, “…despite this positive arc of civil rights progress there has recently been a concerted and persistent effort by the executive branch of the federal government …to limit, redefine and otherwise impair the recognition, application and enforcement of civil rights…”
They conclude, “…the Michigan Civil Rights Commission will continue to defend, advocate for and enforce the civil rights of Michigan residents,” and “…take measures it deems necessary to protect our residents from federal actions aiming to undermine state protections and guarantees afforded by the state civil rights laws.”
The Michigan Civil Rights Commission was created by the Michigan Constitution to safeguard constitutional and legal guarantees against discrimination. The Commission is charged with investigating alleged discrimination against any person because of religion, race, color or national origin, genetic information, sex, age, marital status, height, weight, arrest record, and physical and mental disability. The Michigan Department of Civil Rights serves as the operational arm of the Commission.
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