Constitution of Michigan of 1963 Article I: Declaration of Rights

Article I of the Constitution of Michigan contains the state’s Declaration of Rights, articulating fundamental guarantees of equality, liberty, and personal autonomy. Three sections are particularly significant are § 2 on equal protection, § 25 on marriage, and § 28 on reproductive freedom.

Article I § 2 Equal Protection and Discrimination

Article I § 2 guarantees equal protection of the laws and prohibits discrimination in the enjoyment of civil or political rights based on religion, race, color, or national origin. Legislative implementation occurs primarily through the Elliott-Larsen Civil Rights Act, MCL §§ 37.2101–37.2804. Amendments enacted in 2023 explicitly extended statutory protections to include sexual orientation and gender identity or expression. This section parallels the Equal Protection Clause of the Fourteenth Amendment but operates as an independent source of state-level equality rights.

Article I § 25 Marriage

Article I § 25, added by constitutional amendment in 2004, defines marriage as the union of one man and one woman. The provision also prohibits recognition of any similar union for any purpose. Although the text remains in the Constitution, it has been rendered unenforceable by Obergefell v. Hodges, 576 U.S. 644 (2015), which recognized same-sex marriage as a constitutional right under the Fourteenth Amendment.

Article I § 28 Right to Reproductive Freedom

Adopted in 2022 by Proposal 22-3, Article I § 28 establishes a fundamental right to reproductive freedom. It protects individual decisions relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility care. The State may regulate abortion after fetal viability only to advance a compelling state interest and must use the least restrictive means. No individual may be penalized for actual, potential, or perceived pregnancy outcomes.

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  • 2022

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