Ford School professor Sam Bagenstos joined others in urging members of the Michigan Senate Civil Rights, Judiciary and Public Safety Committee to pass a resolution that would put a constitutional amendment on the ballot to overturn the state's same-sex marriage ban. The hearing on March 19 examined a resolution, introduced by Sen. Jeremy Moss (D-Bloomfield), that would repeal Section 25 of Article 1 of the state's constitution, which strictly 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."
The state's ban on same-sex marriage has been unenforceable since the June 2015 U.S. Supreme Court decision in Obergefell v. Hodges, which nationally legalized same-sex marriage, some current justices, especially conservatives Samuel Alito and Clarence Thomas, have expressed a desire to overturn that decision.
Bagenstos, the Arlene Susan Kohn Professor of Social Policy, testified, "Article 1, Section 25 is an outdated, unpopular, unconstitutional and at the moment, unenforceable provision.
"If the Supreme Court overturns Obergefell, our state's constitution and its provision discriminating against gay and lesbian couples will spring back into place. If Obergefell goes, Article 1, Section 25 returns automatically, and it will return even though the polls show that Michiganders would not vote for that provision today. That's why it's especially important that the Legislature adopt this joint resolution," he said.
