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Ch- Ch- Ch-Changes: Michigan Statutes After Obergefell

By Rachael M. Sedlacek posted 10-26-2015 10:08

  

After the U.S. Supreme Court legalized same-sex marriage in Obergefell v Hodges, we at ICLE began updating our content to use gender-neutral language when possible. I’ve made decent progress in the family law realm. But there is only so much I can do. Obergefell requires changes to statutes, court rules, SCAO forms, and of course, the Michigan Constitution. If you want a broad overview, check out ICLE contributor Marlaine Teahan’s post.

Because I am a research nerd, I got it in my head that I would be among those to “start” the conversation about exactly what needs to be changed. But my quick search of just the MCLs showed 132 results for “wife,” 149 for “husband,” 199 for “marriage,” 130 for “mother,” 125 for “father.” The breadth of laws Obergefell impacts is incredible. For example, here are some I didn’t expect to pop up in the search results:

  • Sex Offenders Registration Act (MCL 28.722) – Defining residence in circumstances when “a wife has a residence separate from that of the husband.”

  • Uniform Partnership Act (MCL 449.6) – Noting that a partnership may consist of a husband and wife and legitimizing any partnership consisting only of a husband and wife established after 1942.

  • Agricultural Commodities Marketing Act (MCL 290.428) – Entitling growers to one vote when representing, among others, “husband-wife or family ownership.”

  • Michigan Liquor Control Code (MCL 436.1801(4)) – Referencing “husband and wife” when stating the amount recoverable in a dram-shop action.

(And on a different but related note, sodomy is still a felony under MCL 750.158 – 12 years after Lawrence v Texas.) I see why the Michigan Law Revision Commission hired a researcher to look into what needs to be changed after Obergefell.

The Family Law Section compiled a list of statutes that are problematic after Obergefell, as shown here. If you’ve started your own list, feel free to shoot it my way, or to Peter Kulas (pmkulas@kulaslawoffice.com), who is working on this project for the Family Law Section. Please also contact me if you see something in our resources that needs review. Thank you!

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