News & Commentary

Freedom of religion is one of our fundamental rights as Americans. That’s why it’s protected in the state and federal constitutions.

The ACLU of Michigan is tracking hundreds of legal cases and pieces of legislation that impact your civil liberties at any given moment, covering all concerns from free speech to government abuse. That's why we like to point out a few cases that made the news each week, to keep our members and supporters up to date on threats in your neighborhood.

With a history of civil liberties stretching back almost a century, the ACLU has got plenty of amazing cases for #TBT. Every Thursday, we'll be sharing updates on cases pulled from our archives of work in Michigan and beyond. Today marks the sixteenth annual Transgender Day of Remembrance, a day created to remember and honor all people who have lost their lives to anti-transgender violence. The event was originally held on the first anniversary of the murder of Rita Hester, an out transgender woman who was killed on November 28, 1998, in Boston, Massachusetts. Rita's murder, like many anti-transgender murder cases, remains unsolved. Diane Schroer is a highly-decorated veteran, transgender activist and plaintiff in our successful employment discrimination lawsuit Schroer v. Library of Congress. She spoke at a Transgender Day of Remembrance event in Chicago organized by Cyndi Richards, Illinois Gender Advocates and the Center on Halstead. The following is an excerpt from her remarks.

The ACLU of Michigan is tracking hundreds of legal cases and pieces of legislation that impact your civil liberties at any given moment, covering all concerns from free speech to government abuse. That's why we like to point out a few cases that made the news each week, to keep our members and supporters up to date on threats in your neighborhood.

In Michigan, it’s still far too easy to discriminate.

With a history of civil liberties stretching back almost a century, the ACLU has got plenty of amazing cases for #TBT. Every Thursday, we'll be sharing updates on cases pulled from our archives of work in Michigan and beyond.

We often joke that we’re accidental activists. Marsha and I were the first same-sex couple to be married in Michigan on March 22. Our joy turned to sadness when Governor Snyder declared that we, and over 300 other couples married that historic day, are legally married but cannot reap the benefits of marriage. The State is not recognizing our marriages. Fast forward five months. We left at 6 a.m. – destination, a federal courthouse in Detroit. We were driving to a hearing, led by the ACLU of Michigan, to ask a judge to force the state to recognize our marriages as a matter of law and fundamental fairness. It was a mixture of excitement and anxiety for us. After all, there’s a lot hanging in the balance for us and our fellow newlyweds – basic dignity and respect, paternal rights of parents, protection of children should one parent die, pensions and survivor benefits, health insurance, etc. The matter of fundamental dignity and respect hit home immediately. When the State’s attorneys presented why we shouldn't get the benefits of marriage and why they don't think what they are doing is causing any harm, I broke down in tears. This basic emotional reaction came fast and hard. Experiencing lack of respect isn’t something new, but it’s usually more subtle. Their overt articulation of disrespect and quite frankly, discrimination, was jarring. We did not create the situation of having to take the State to court, as they claim, by getting married on March 22. We waited 27 years to get married, not by choice, but by exclusion – we simply weren’t allowed to marry. This exclusion was formalized in 2004 when the voters of Michigan passed a constitutional amendment banning same-sex marriage. Judge Friedman stuck down that ban as unconstitutional on March 21. Fundamental rights cannot be trumped by the vote of a majority, especially a majority that no longer exists. So, we had the opportunity, as did couples in four Michigan counties that we had long been waiting for. It was not a rush to marry; for us it was something that was a long time in the making. What we are asking for is simple − to be treated equally. We don’t want special rights, just the same rights afforded to other married couples. Being legally married and receiving the benefits and protections of marriage are not, and cannot be, mutually exclusive. But by making that distinction, the State has caused us to challenge them in court. Doesn’t the State have better ways to spend their time and taxpayer dollars, like creating jobs and retaining productive citizens within our borders? I want to thank the ACLU for taking the lead on this case and for sticking up for the rights of minorities. The bottom line in all of this – we are legally married and the State simply cannot mandatorily divorce us.  

Today, Sterling Heights will vote on an ordinance that would protect its citizens from discrimination, banning discrimination on the basis of sexual orientation or gender identity in employment, public accommodations, and housing.

I've been happily married for nearly 33 years. I know first-hand how much marriage can mean to a couple and their children, and it has hurt me to see other loving couples barred from sharing the same joys and sorrows. I’m ecstatic that I've been part of the legal team which has opened the door to marriage for all loving couples in our state. This struggle is far from over. In the weeks and months ahead, we'll need everyone's support to ensure that the clock isn't turned back on our progress. Michigan’s Attorney General has already appealed the victory.  The fight will be long, hard and expensive. You can be a part of history by supporting the litigation through your donation. When we first brought this case just two years ago, it was about April and Jayne’s right to adopt each other’s children. We never imagined that the case would turn into a challenge to Michigan’s discriminatory marriage amendment.  Sometimes, things can change fast. First the judge invited us to expand the case to include a challenge to the Michigan Marriage Amendment. Then he decided that the issues in the case were important enough that there should be a full trial – the first marriage equality case to go to trial since California's ban was ruled unconstitutional – and he agreed to expedite the trial date. When the trial started on February 25, though, we were ready. All of our witnesses were at the top of their field. As Judge Friedman found, the State’s witnesses were part of a "fringe" group.  The legal question was whether sexual orientation was a valid reason for denying full equality to some of those couples, and Judge Friedman has answered with a resounding “no”! Reading Judge Friedman’s landmark decision was an exhilarating experience. He heard our message and speaks in stirring language, pointing out that the protections, joy and dignity of marriage are the right of all Michiganders. All couples have the right to love one another, make a commitment to one another and decide together whether to form a family. As excited as we are about this victory, this struggle is far from over. Depending on what happens, this case could end where it is now, at the federal appeals court in Cincinnati, or it could possibly end up in the U.S. Supreme Court.  We’re going to keep fighting to protect April and Jayne and their children for as long as it takes, but we need your help. Talk about the case with your friends, keep sending us your good wishes and consider giving the fight your financial support. We’ve made it this far with the help of many generous donors, and we’re going to need a lot of help again as we defend this win on appeal. This has been a truly amazing case to be involved in. It has been wonderful working with and getting to know April and Jayne, and I have heard touching stories from many folks about how this case is affecting them, their friends, relatives or co-workers. We have also seen first-hand how public opinion in Michigan is shifting right before our eyes. With the support of amazing friends across our state, we hope this is the last time loving couples like April and Jayne have to prove that they are the same as any other couple. To talk about the sweeping changes we've seen in the last decade and look at some upcoming challenges, we're talking about Marriage Matters. This series of blogs deals with the history of the fight for LGBT rights and takes an in-depth look at the DeBoer case, which could impact marriage equality in Michigan and beyond.