(Source: MIRS.news, Published 03/01/2023) What's next for the LGBTQ community with the expansion of the Elliott Larsen Civil Rights Act on its way to a receptive Democratic-controlled House and Gov. Gretchen Whitmer?
Sen. Jeremy Moss (D-Southfield) said tightening up the state's hate crime statutes and repealing the One-Man-One-Woman marriage constitutional amendment are the top two items on this list.
Transgender women of color, in particular, are disproportionately impacted by hate crimes, he said.
Also, if the U.S. Supreme Court was willing to overturn Roe v. Wade based on the argument that states should be allowed to set their own abortion laws, what's to stop them from overturning Obergefell v. Hodges, the 2015 decision that allowed for gay marriages?
In Michigan, voters in 2004 passed a constitutional amendment that defines marriage as being between one man and one woman. That could become the law of Michigan again, Moss argues.
"If that is threatened, we have to act with urgency to repeal our marriage bans that could potentially dissolve marriages and relationships and threaten financial security for a whole class of people overnight," Moss said.
Overturning the 2004 constitutional amendment would require a separate constitutional amendment and a vote of the people. The Democrats don't have a legislative super majority to put such a measure on the ballot, so groups like Equality Michigan and the Human Rights Coalition are putting their energy and resources behind more "low-hanging fruit" while they have this "historic opportunity" with a Democratic-controlled Legislature.
Next up for revamping would be a ban on "conversion therapy" on minors. The practice involves attempting to change a youth who identifies as LGBTQ into being straight.
Gov. Gretchen Whitmer signed an executive directive in June 2021 prohibiting Department of Health and Human Services-administered funds from going to such practices, but Equality Michigan Director Erin Knott said she'd like to see a ban codified.
Another priority would be banning the ability for criminal defendants to use what is called the "panic defense," which are arguments that assailants of LGBTQ people use to defend their actions. ("He hit on me so I just hit him.")
Knott said the groups would like to see more efforts to make schools safer for LGBTQ youths. They'd also like the ability for someone who is transitioning to legally change their name without it being a public announcement.
"We're looking to maximize this historical opportunity and make changes that are doable and will have the most impact on members' daily lives," she said.
