The Michigan Senate has voted 20 – 18 to pass House Bills 5300 and 5303, modernizing Michigan’s legal name change process and enshrining transgender Michiganders’ access to self-determination on birth certificates.
These bills remove archaic, harmful, and inequitable restrictions in our State’s legal name change process such as arduous fingerprint criminal background checks, presumptions of fraud, and the dangerous demand that trans folks publish their name-change hearings in newspapers.
Additionally, this will remove a cruel and fragile statute that mandates “sex reassignment surgery” to obtain amendments to sex designations on birth certificates. The surgical requirement will be replaced by a self-attestation process.
In total, these bills help ensure trans Michiganders can access accurate names and identity documents into the future.
Crucial Parts of the Legislation Had to be Left Behind
Unfortunately, two critical bills, HBs 5301-5302, which would have enshrined a right to amend gender markers on drivers’ licenses and state-issued IDs, will not get through to the Governor’s desk.
During the waning hours of a busy lame duck session, where hundreds of bills moved around between the two chambers, we became aware of a conflict these bills had with another vital package of bills, and that due to the conflict, our constitution would only allow for one bill package to stand and be signed into law.
That other package of bills create access to drivers’ licenses for those exiting the carceral system on parole.
While it’s gutting to lose two bills of such high impact on a technicality like this, we stand by the decisions Senate leaders made to find compromise and ensure that both the trans community and persons on parole get a fairer chance and more equal opportunity than these respective (and sometimes intersecting) groups have historically had in Michigan.
The work of restoring justice to communities, who have, for far too long, been stripped of their civil liberties, is a pathway full of obstacles and hard solutions that ask us to find common ground and intersections with our neighbors in this work.
So, in this very early morning, we commend both Representative Laurie Pohutsky for her tireless advocacy on this vital bill package, as well as our champions in the Michigan Senate who stayed overnight to get these bills to the Governor.
And we congratulate Representative Abe Aiyash on a bill-package that will help restore rights and dignity to our neighbors navigating parole, by helping them access IDs and getting back on their feet.
What’s Ahead
We keep fighting. We believe the decisions made, leave the future for trans Michiganders much brighter. If Governor Whitmer signs these bills, we will immediately begin seeing how we can use these new laws to expand access to self-determination for trans people in our State. And we will need everyone on deck to help..
Our elected officials chose equality and progress tonight. It may not have been everything we wanted, but it’s certainly enough for us to find some hope as our community enters into a fight these next few years that will require us to dig deep and be hopeful.
Lastly
Thanks to all of you! For showing up these last 400 days. We can move mountains when you show up and work together. You leave me nothing short of inspired to continue to do this work for LGBTQ+ Michiganders. Let’s make sure the Governor knows to bring these bills across the finish line with her signature.