State Sen. Jeremy Moss Leading Charge to Finally Erase Michigan’s Same-Sex Marriage Ban
State senator's move comes as Supreme Court reviews challenge to landmark Obergefell decision
State Sen. Jeremy Moss introduced legislation this week that would let Michigan voters decide whether to remove the state's archaic same-sex marriage ban from the constitution, a proactive move that comes as the U.S. Supreme Court prepares to take up a case challenging the 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide.
Senate Joint Resolution F, introduced by the Bloomfield Democrat, would place the question on the ballot to remove discriminatory language that has remained in Michigan's constitution despite being rendered unconstitutional by the landmark marriage equality decision a decade ago.
"Even a decade after the landmark marriage equality decision, the LGBTQ+ community still faces increasingly hostile attacks, including a renewed political movement to re-ban same-sex marriage," Moss said in a statement. "This effort will soon reach the Supreme Court for review. Regardless of the outcome of court action, it's well past time to remove the discriminatory and, as of now, unconstitutional marriage ban language in our state's constitution."
The Supreme Court is holding a closed-door conference on Nov. 7 to review Davis v. Ermold, a petition challenging Obergefell. During this conference, the court will determine whether to take up the case.
More than 20 years ago, Michigan voters approved language banning same-sex marriages and civil unions in the state constitution. While Obergefell overturned that ban in 2015, the discriminatory language remains in place. If the Supreme Court were to overturn Obergefell, Michigan's constitutional ban would immediately resume, preventing any new same-sex marriages from being issued in the state.
The 2022 Respect for Marriage Act, signed by then-President Joe Biden, would protect existing same-sex marriages even if Obergefell falls, but would not prevent Michigan's ban from taking effect for future marriages.
"Marriage equality in Michigan is only protected by the Obergefell decision," Moss said. "With these looming potential threats, we cannot leave the future of equality up to the whims of the current or a future court that is keen on rolling back our rights. Our constitution should reflect the values of our state, and same-sex couples should be granted the same protections as heterosexual couples."
Michigan Attorney General Dana Nessel voiced strong support for the resolution in a statement.
"In the 10 years since marriage equality became the law of the land, one thing has become abundantly clear: granting same-sex couples the right to marry, start a family and build a life here in Michigan has brought hope and joy to so many in our communities, while hurting absolutely no one," Nessel said. "We cannot take these rights for granted. I am grateful for Sen. Moss's proactive efforts to ensure Michigan remains a welcoming place for all. We have fought too hard for these rights to lose them now."
Moss's resolution comes months after he made national headlines for confronting Michigan House Republican Josh Schriver, who held a press conference in February calling for the federal repeal of same-sex marriage equality.
"It was very important to me that if people like Josh Schriver and others want to inflict harm upon our community, that they're going to have to see the faces of real people who are impacted," Moss told Pride Source earlier this year.
When Schriver fled the room without taking questions, Moss took over the podium. "This was just as buffoonish as I expected it to be," he said at the time. The moment went viral, with supporters across the country calling Moss's office to praise his bold stance.
"I think people were looking for bold actors to stand up," Moss reflected. "And my feet and my heart took me into that room."
The press release announcing the resolution directly referenced that "infamous, buffoonish press conference," noting that some Michigan House Republicans have openly supported re-banning marriage equality.
State Rep. Jason Morgan (D-Ann Arbor) introduced a similar joint resolution in the Michigan House earlier this year.
SJR F has been referred to the Senate Committee on Civil Rights, Judiciary and Public Safety for further deliberation. It would require approval from two-thirds of both legislative chambers to place the question on the ballot for Michigan voters to decide.
Moss, who recently announced his candidacy for Michigan's 11th Congressional District, has been a leading voice for LGBTQ+ rights in the Michigan Legislature. As the state's first openly gay state senator, he was the lead architect of the Elliott-Larsen Civil Rights Act amendment that extended civil rights protections to LGBTQ+ Michiganders.
"I'm going to continue to be outspoken as I always am on issues that are important to people who don't have a voice," Moss told Pride Source. "If I have a platform, I'm going to use it."
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