Michigan "Equal Protection Expansion" Amendment (2016)
| Michigan Equal Protection Expansion Amendment | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic LGBT issues | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
| Voting on LGBT Issues | |||
|---|---|---|---|
| |||
| Ballot Measures | |||
| By state | |||
| By year | |||
| Not on ballot | |||
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The Equal Protection Expansion Amendment was not put on the November 8, 2016 ballot in Michigan as an initiated constitutional amendment.
The measure would have expanded state constitutional protections by prohibiting discrimination based on gender, sex, gender identity and sexual orientation. Other state laws that prohibit discrimination based on sex and race would have been interpreted to include banning discrimination based on sexual orientation and gender identity.[1]
Text of measure
Ballot summary
The ballot summary was as follows:[1]
| “ | A proposal to amend the state constitution of 1963 by amending article I, section 2 to prohibit discrimination based on gender, gender identity, sex, and sexual orientation in addition to current constitutional prohibitions on discrimination based on religion, race, color, and national origin. State laws prohibiting discrimination based on race and sex would be construed to also prohibit discrimination based on gender identity and sexual orientation.[2] | ” |
Constitutional changes
The proposed amendment would have amended Article I, Section 2 of the Michigan Constitution.
Full text
The full text of the measure was as follows:[1]
| “ | 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.[2] |
” |
Support
The campaign that led support for the initiative was Fair Michigan.[3]
Arguments in favor
Detroit attorney Dana Nessel, who represented one of the couples who led to the U.S. Supreme Court decision legalizing same-sex marriage in 2015, formed Fair Michigan. She argued:[3]
| “ | We feel very confident in our ability to move forward. We know that even though we don’t have support in the state Legislature, we have the public support. Someone has to make certain that these rights get put into law. ... This is a phenomenal opportunity that we shouldn’t squander. I really think that by locking arms together and moving forward as a group, we can make some tremendous progress.[2] | ” |
Sara Wurfel, a spokeswoman for Fair Michigan, said:[3]
| “ | We have been hearing from people all across the state, asking how they can get involved. These are all really good signs that this is the right time. ... We obviously want to make sure all people have equal rights and protections. Everyone agrees on that starting point. The more collaboration we have, the better. We have to have people seeing where our research and information is coming from, and the conversation will continue from there.[2] | ” |
Opposition
Arguments against
Stephanie White, executive director of Equality Michigan, an organization that supports and advocates for the LGBT community, said:[3]
| “ | From Equality Michigan’s standpoint, we’ve been pretty skeptical on the viability question of the ballot campaign. Putting peoples’ basic civil rights up for a vote is problematic, and I haven’t seen any new information that there’s a path for success in 2016. ... When we do these types of public campaigns, the opposition is so hostile, it increases anger and hate speech, and sometimes even violence against the community.[2] | ” |
Amy Hunter, a transgender woman, stated:[3]
| “ | I understand the impetus and the idea that you rally a community around an issue, and a campaign is one of the best ways to do that. That’s all well and good if we had the time to do the ground work beforehand, and it’s my well-considered opinion that we don’t. The marriage-equality ruling did not happen in a vacuum. There was 40 years of activism, of learning and failing, to create the cultural moment that made that movement possible, and we have not done that for the transgender community.[2] | ” |
Path to the ballot
- Supporters filed the petition with the secretary of state on December 22, 2015.
- The petition was approved by the Board of State Canvassers on December 29, 2015.
- 315,654 valid signatures were required for qualification purposes.
- Supporters had until July 11, 2016, to collect the required signatures.
- Fair Michigan announced on January 29, 2016, that it was ending its efforts. Dana Nessel, head of the committee, said, "It just seemed clear to us that we were not going to have the financial support we needed. A campaign of this magnitude was going to cost millions and millions of dollars, and honestly, if we weren’t going to run the campaign the way we wanted, the way we could ensure victory, then it was best to just delay it to another time.”[5]
State profile
| Demographic data for Michigan | ||
|---|---|---|
| Michigan | U.S. | |
| Total population: | 9,917,715 | 316,515,021 |
| Land area (sq mi): | 56,539 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 79% | 73.6% |
| Black/African American: | 14% | 12.6% |
| Asian: | 2.7% | 5.1% |
| Native American: | 0.5% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2.6% | 3% |
| Hispanic/Latino: | 4.7% | 17.1% |
| Education | ||
| High school graduation rate: | 89.6% | 86.7% |
| College graduation rate: | 26.9% | 29.8% |
| Income | ||
| Median household income: | $49,576 | $53,889 |
| Persons below poverty level: | 20% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Michigan. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Michigan
Michigan voted for the Democratic candidate in four out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 12 are located in Michigan, accounting for 5.83 percent of the total pivot counties.[6]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Michigan had 11 Retained Pivot Counties and one Boomerang Pivot County, accounting for 6.08 and 4.00 of all Retained and Boomerang Pivot Counties, respectively.
More Michigan coverage on Ballotpedia
- Elections in Michigan
- United States congressional delegations from Michigan
- Public policy in Michigan
- Endorsers in Michigan
- Michigan fact checks
- More...
See also
- Michigan 2016 ballot measures
- 2016 ballot measures
- Michigan Legislature
- List of Michigan ballot measures
Footnotes
- ↑ 1.0 1.1 1.2 Michigan Secretary of State, "Initiative Petition Amendment to the Constitution," accessed January 12, 2016
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 3.3 3.4 Detroit Free Press, "Ballot proposal expanding rights for LGBT faces turmoil," January 10, 2016
- ↑ 4.0 4.1 Crain's Detroit Business, "Elections board approves formatting of gay rights petition," December 30, 2015
- ↑ The Detroit News, "Gay rights group ends Michigan ballot campaign," January 29, 2016
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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