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History

Homosexual activity in Michigan

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Homosexual activity in Michigan is legal.

Current status
Since Jun 26, 2003
Legal
Consensual same-sex sexual activity has been legal in Michigan since the United States Supreme Court's ruling in Lawrence v. Texas, which overturned the remaining anti-sodomy laws nationwide in 2003.

Michigan has not yet repealed its defunct laws against sodomy and gross indecency.
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Jul 20, 1990–Jun 25, 2003
Varies by Region
In 1990, in the case of Michigan Organization for Human Rights (MOHR) v. Kelley, a trial court struck down the sodomy and gross indecency laws. However, the ruling only applied in Wayne County, the county in which Detroit is located; sodomy and gross indecency became legal in Wayne County but remained illegal throughout the rest of Michigan.
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May 26, 1939–Jul 19, 1990
Illegal (imprisonment as punishment)
In 1939, the gross indecency law was expanded to include sexual acts between two females as well as between a male and a female.
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Nov 4, 1816–May 25, 1939
Male illegal, female legal
In 1816, Michigan adopted a new code which criminalized sodomy. The penalty upon conviction was solitary imprisonment at hard labor for up to 21 years and an unspecified fine.

In 1820, Michigan amended the penalty to set a maximum fine of $300 dollars and lower the maximum penalty of solitary hard labor to 3 years.

In 1846, the penalty was once again adjusted. The maximum penalty was raised to 15 years and the fine provision was eliminated.

In 1903, Michigan adopted a law that criminalized gross indecency between men with a maximum of 5 years in prison and/or up to a $5,000 dollar fine.

In 1931, the gross indecency law’s maximum fine was lowered to $2,500 dollars.
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Sep 16, 1810–Nov 3, 1816
Legal
In 1805, Michigan adopted a criminal code which made no reference to sodomy.

In 1810, Michigan abrogated all previously applied laws, including the laws of England, Canada, the ancient French common law, the Northwest Territory, the Indiana Territory, and all laws it had enacted between specific dates in 1807 and 1810. Therefore, if the common law of England had in fact been in place, it was officially repealed on this date.
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Jul 14, 1795–Sep 15, 1810
Ambiguous
In 1795, the Northwest Territory, which Michigan was a part of at the time, adopted the common law of England. The common law of England punished sodomy with the death penalty. However, it is unclear whether or not this law was in force in Michigan.
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Same-sex marriage in Michigan

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Same-sex marriage in Michigan is legal.

Current status
Since Jun 26, 2015
Legal
In 2015, The Supreme Court of the United States ruled that banning same-sex marriage is unconstitutional, and their ruling legalized same-sex marriage nationwide.
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Mar 22, 2014–Jun 25, 2015
Banned
U.S. District Judge Bernard Friedman’s ruling from the previous day was stayed temporarily on March 22nd, and then indefinitely on the 25th. The temporary stay immediately put Michigan’s ban on same-sex marriage back into effect.

On November 6th, 2014, the Sixth Circuit fully reversed Friedman’s ruling, further solidifying the ban.
Mar 21, 2014–Mar 22, 2014
Legal
On March 21st, 2014, U.S. District Judge Bernard Friedman ruled that Michigan’s ban on same-sex marriage was unconstitutional. This ruling allowed hundreds of same-sex couples to marry the following day.
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Jun 1995–Mar 20, 2014
Banned
In 1995, Gov. John Engler signed two statutes that restricted marriage to opposite-sex couples only.

In 2004, Proposal 04-2, which was a constitutional amendment that defined marriage as “the union between one man and one woman,” was approved by voters.
Until Jun 1995
Unrecognized
Before 1995, Michigan neither recognized nor banned same-sex marriage.
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Censorship of LGBT issues in Michigan

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Censorship of LGBT issues in Michigan is no censorship.

Current status
No censorship
No laws currently censor LGBTQ issues.

However, as of late 2021, two bills had been introduced in the House that would limit discussions in school around race and gender. Additionally, in early 2022, GOP House candidate Jon Rocha and GOP gubernatorial candidate James Craig both announced intent to introduce “Don’t Say Gay” legislation if elected.

Right to change legal gender in Michigan

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Right to change legal gender in Michigan is legal, no restrictions.

Current status
Since Jun 30, 2021
Legal, no restrictions
Michigan Attorney General Dana Nessel declared unconstitutional a state law requiring sex-reassignment surgery to change the sex designation on a birth certificate.
Sep 30, 1978–Jun 29, 2021
Legal, but requires surgery
Michigan Compiled Law 333.2831(c) allowed citizens to change the sex designation on birth certificates with an affidavit of a physician certifying that sex-reassignment surgery had been performed.
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Until Sep 29, 1978
Illegal
Until 1978, Michigan did not provide for legal gender recognition.
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Gender-affirming care in Michigan

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Gender-affirming care in Michigan is legal.

Current status
Legal
There have been multiple attempts to ban the practice for minors however there are currently no laws or policies preventing minors from accessing gender-affirming care in Michigan.

Legal recognition of non-binary gender in Michigan

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Legal recognition of non-binary gender in Michigan is recognized.

Current status
Since Nov 10, 2021
Recognized
In 2021, Michigan began allowing individuals to select "X" as their gender marker on driver's licenses and state ID cards.
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Until Nov 9, 2021
Not legally recognized
Before 2021, Michigan did not legally recognize a third gender.
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LGBT discrimination in Michigan

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LGBT discrimination in Michigan is illegal.

Current status
Since Mar 16, 2023
Illegal
Legislation was passed to expand the Elliott-Larsen Civil Rights Act (originally passed in 1976). All citizens of Michigan now receive "equal treatment under the law" regardless of sexual orientation or gender identity or expression.
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Mar 30, 1992–Mar 15, 2023
Illegal in some contexts
Since 1992, sexual orientation has been recognized for data collection about hate crimes in Michigan.

In August 2021, a court in Michigan declared that gender identity is implicitly included within the 1992 hate crime laws of Michigan - under the “gender” interpretation.

LGBT employment discrimination in Michigan

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LGBT employment discrimination in Michigan is sexual orientation and gender identity.

Current status
Since Jun 15, 2020
Sexual orientation and gender identity
On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.
Oct 5, 2017–Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No private sector protections exist; however, in 2019, Democratic Governor Gretchen Whitmer signed an executive order prohibiting discrimination in all areas of employment by the state government or by any contractors or grant recipients.
Jul 16, 2015–Oct 4, 2017
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No statewide protections exist for the private sector.
Apr 20, 2012–Jul 15, 2015
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No statewide protections exist for the private sector.
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LGBT housing discrimination in Michigan

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LGBT housing discrimination in Michigan is sexual orientation and gender identity.

Current status
Since Jul 28, 2022
Sexual orientation and gender identity
The Michigan Supreme Court ruled that the state’s 1976 Elliott-Larsen Civil Rights Act bans discrimination on the basis of sexual orientation and gender identity. Such includes protection in sectors including employment, housing, education and public accommodations.
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Until Jul 28, 2022
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.

However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
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Same-sex adoption in Michigan

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Same-sex adoption in Michigan is legal.

Current status
Since Jan 1, 2018
Legal
Under Gay adoption legalization under the supreme court.

Single adoption, joint adoption by married couples and second parent adoption by married couples all allowed.

However, Michigan allows adoption agencies to discriminate against LGBT individuals on the basis of faith.
Until Jan 1, 2018
Single only
Any individual may petition for adoption per Mich. Probate Code §710.24.

Second-adoption had been approved in some lower courts, but the chief judge stopped these approvals in Washtenaw County.
Sources:
Mich. Probate Code §710.24
www.lambdalegal.org/states-region/michigan
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Intersex infant surgery in Michigan

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Intersex infant surgery in Michigan is not banned.

Current status
Not banned
Michigan's failed 2023 ban on gender-affirming care for minors by defining it as child abuse specifically allows for surgery on intersex infants.
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Serving openly in military in Michigan

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Serving openly in military in Michigan is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Mar 18, 2025–May 5, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Feb 7, 2025–Mar 17, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.

From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Apr 30, 2021–Feb 6, 2025
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Apr 11, 2019–Apr 29, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Dec 21, 1993–Sep 19, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
www.gpo.gov/fdsys/pkg/PLAW-…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
www.history.com/news/dont-a…
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Blood donations by MSMs in Michigan

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Blood donations by MSMs in Michigan is legal.

Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Apr 2, 2020–May 10, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
1983–Dec 20, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in Michigan

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Conversion therapy in Michigan is banned.

Current status
Since Jun 14, 2021
Banned
On June 14, 2021, Michigan governor signed an executive order to prohibit the use of state and federal funds for conversion therapy practiced on minors.

The state is looking at implementing a total ban.
Until Jun 14, 2021
Not banned
Condemned by the American Psychiatrical society under new policies passed in June 2018.
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Equal age of consent in Michigan

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Equal age of consent in Michigan is equal.

Current status
Since Jun 26, 2003
Equal
Age of consent generally in Michigan is 16 to 17 years old, Law does not specifically LGBTQ people in the law. However it is equal for everyone, in the state of Michigan