Michigan Senate Committee Considers Resolution to Repeal Same-Sex Marriage Ban From Constitution

Senate Committee Hears Testimony on Proposal to Remove 22-Year-Old Ban

By Michigan Capitol

LANSING — A Michigan Senate committee heard testimony this week on a resolution that would let voters decide if the state's same-sex marriage ban should be repealed, even though the ban has been unenforceable for more than a decade.

In 2004, Michigan voters approved language defining marriage as between a man and a woman. But the U.S. Supreme Court struck down such bans nationwide in 2015, leaving Michigan's ban dormant yet still written into the state constitution.

Sen. Jeremy Moss, Democrat of Southfield, introduced the resolution to the Senate Committee on Civil Rights, Judiciary and Public Safety. The measure would remove the ban from the constitution by putting it on the ballot for voters to decide.

"If the future Supreme Court undoes that 2015 ruling, we would snap back to that language that overnight would make it so that no new marriages, no new same-sex marriages, would be able to be issued in the state of Michigan," Moss said. "For the last 11 years, same-sex marriage has been lawful in Michigan, yet all throughout that language still exists in our Constitution."

Why Repeal Something That Is Already Unlawful?

Moss used the overturning of Roe v. Wade as an analogy for why the ban needs to be removed. When the Supreme Court ruled abortion a constitutional right in 1973, states could protect that right by putting it in their constitution. When Roe was overturned in 2022, states without protections lost that right.

"We're living in a post-Roe v. Wade world where our rights are not set in stone, and it could be a future court that could repeal what a previous court decided," Moss said. "So we're not going to wait and see if we end up in a crisis that the future Supreme Court may overturn Obergefell, and then we are back to that language in our Constitution in Michigan banning same-sex marriage."

Moss needs Republican support to reach the threshold required to put the measure on the ballot. He said they need one-third of the Senate and one-third of the House to vote in favor of the resolution.

"We would need our Republican colleagues to join us so that we could get to a one-third mark in order to put this on the ballot," Moss said.

Public Support for Marriage Equality Remains Strong

A 2025 nationwide Gallup poll found 68 percent of people support same-sex marriage, signaling that voters may overturn the ban if given the chance.

Moss said he does not think the ban even aligns with where most Michigan voters are.

What the Ban Says and Who Is Affected

Michigan's same-sex marriage ban is Article I, Section 25 of the state constitution. It states: "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."

"This took everything off the table for LGBT couples. No right to marry, no civil unions, no domestic partner benefits," said Jay Kaplan, a staff attorney at the ACLU of Michigan.

Sam Bergenstor, a University of Michigan law professor, called the provision "outdated, unpopular, unconstitutional and at the moment, unenforceable."

How to Get It on the Ballot

There are two ways to put the ban repeal on the ballot. First, sufficient petitions can be collected to place it directly on the ballot. Second, if two-thirds of each legislative chamber votes in favor, it will appear on the ballot.

Moss is pursuing the legislative route. If the resolution gets enough support in both the House and Senate, it would appear on fall ballots.

"We will look for a future meeting to keep this process moving and see if we can get it on our November ballot," Moss said.

A Movement in Progress

DeBoer v. Snyder plaintiff April DeBoer testified at the hearing, saying the ban leaves same-sex couples vulnerable.

"We are now living in a time that we feel that this could all be taken away from us," DeBoer said. "That we could be legal strangers to each other, we could be legal strangers to our kids."

Testimony in support of the resolution was heard by the Senate Committee on Civil Rights, Judiciary and Public Safety on Thursday, but it did not get voted out of the committee.

"We will look for a future meeting to keep this process moving," said Sen. Jeremy Moss.

Sources:

• FOX 2 Detroit: "Lawmakers continue push to overturn Michigan's same-sex marriage ban" by Amber Eikenberry, March 20, 2026
• Up North Live: "Michigan lawmakers push to remove same-sex marriage ban amid federal concerns" by Marc Schollett, March 23, 2026