Fair Michigan gets the approval to collect signatures for a ballot initiative that would prohibit discrimination on the basis of gender, gender identity, sex or sexual orientation, but why won’t Equality Michigan support it?
The Board of State Canvassers gave Fair Michigan approval on Tuesday to collect signatures for an initiative that would amend the Michigan Constitution and prohibit discrimination on the basis of gender, gender identity, sex or sexual orientation. Organizers will need to collect a minimum of 315,654 valid signatures by July 11 in order to qualify for the November 2016 ballot.
The Fair Michigan committee is co-chaired by attorneys Dana Nessel and Richard McLellan. Nessel represented the same-sex couple who challenged Michigan’s gay marriage ban all the way to the U.S. Supreme Court, and McLellan is a Republican adviser and longtime Lansing insider.
Even though the committee has bipartisan support from people like Oakland County Executive L. Brooks Patterson and Wayne County Prosecutor Kym Worthy, some of the state’s top LGBT advocacy organizations and leaders believe Fair Michigan may be moving too fast.
“All the data I’ve seen indicates that there is no path to win,” said Steph White, Executive Director of Equality Michigan. “It’s slightly surprising they’re continuing forward.”
That’s the same fear-driven concern major LGBT organizations like Equality California had when the American Foundation for Equal Rights (AFER) filed a lawsuit against Proposition 8 in California. AFER took their case all the way to the U.S. Supreme Court and won.
“We acknowledge there is that concern out there, but again I think what’s really important is that everybody agrees on the outcome, and how important it is to prevent discrimination,” said Fair Michigan spokeswoman Sara Wurfel. “In the end, we want everybody to be treated fairly.”
Even though Equality Michigan doesn’t think the measure has a chance at winning at the ballot, CBS Detroit reports that Wurfel is pretty confident. “We think this has, actually, a path to win,†Wurfel said, “and we’re going to be doing everything we can to work with everyone to get there and make sure that can be the outcome. … We are prepared to move forward.â€
The petition is below with new language capitalized for emphasis.
The proposal would amend article I, section 2 of the state constitution as follows:
No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his OR HER civil or political rights or be discriminated against in the exercise thereof because of religion, race, color, GENDER, GENDER IDENTITY, SEX, SEXUAL ORIENTATION, or national origin. The legislature shall implement this section by appropriate legislation. WHEN USED IN THIS CONSTITUTION OR OTHER STATE LAWS PROHIBITING DISCRIMINATION BASED UPON SEX, RACE, AND OTHER FACTORS, “GENDER” AND “SEX” SHALL BE CONSTRUED TO INCLUDE GENDER IDENTITY AND SEXUAL ORIENTATION.
Provisions of existing constitution altered or abrogated by the proposal if adopted:
Article I, Section 2
No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.
Article I, Section 25
To secure and preserve the benefits of marriage for our society and for future generations of children, 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.
Article X, Section 1
The disabilities of coverture as to property are abolished. The real and personal estate of every woman acquired before marriage and all real and personal property to which she may afterwards become entitled shall be and remain the estate and property of such woman, and shall not be liable for the debts, obligations or engagements of her husband, and may be dealt with and disposed of by her as if she were unmarried. Dower may be relinquished or conveyed as provided by law.
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Image by DaveCrosby via Flickr and a CC license