LANSING, Mich. (Nov. 6, 2025) — This week, Sen. Jeremy Moss (D-Bloomfield) introduced Senate Joint Resolution (SJR) F to place on the ballot the removal of the archaic ban on same-sex marriage from the Michigan Constitution.
The U.S. Supreme Court has scheduled a conference for Nov. 7 to review Davis v. Ermold, a petition challenging the Obergefell v. Hodges decision that legalized same-sex marriage nationwide. During this conference, the Court will determine whether to take up the case.
“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. 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,” Sen. Moss said.
Earlier this year, Rep. Jason Morgan (D-Ann Arbor) introduced a similar joint resolution in the Michigan House.
More than 20 years ago, language was approved to ban same-sex marriages and civil unions in Michigan’s Constitution. In 2015, the ban was overturned by Obergefell, but the language in the State Constitution remains.
“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. We cannot take these rights for granted. I am grateful for Senator 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,” Attorney General Dana Nessel said.
In 2022, President Joe Biden signed the Respect for Marriage Act, requiring the federal government and all U.S. states to recognize the validity of same-sex marriages. If Obergefell is overturned, existing marriages would be protected under this law, but Michigan’s marriage ban would resume, and no new same-sex marriages would be issued in the state.
Recently, some Michigan House Republicans exclaimed their support for re-banning marriage equality, including in an infamous, buffoonish press conference from one such member.
“Marriage equality in Michigan is only protected by the Obergefell decision. 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,” Sen. Moss said.
SJR F has been referred to the Senate Committee on Civil Rights, Judiciary and Public Safety for further deliberation. It would require two-thirds of both legislative chambers to place it on the ballot for Michigan voters to decide.
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