Michigan civil rights commission passes resolutions supporting trans ID legislation

A transgender flag sits on the grass during the "Trans Youth Prom" outside of the U.S. Capitol building on May 22, 2023 in Washington, DC. Trans and non-binary youth gathered to hold a Prom-like event that included music, dancing, and speeches. After the Prom, the kids and their families marched to the U.S. Supreme Court Building. | Anna Moneymaker/Getty Images

Resolutions supporting the transgender community were passed Monday by the Michigan Civil Rights Commission (MCRC).

Introduced by commission Secretary Luke Londo, one of the resolutions advocated for passage of House Bills 5300, 5301, 5302, and 5303, which would remove some of the requirements placed on Michiganders when they change their name outside of marriage, as well as make it easier for a person to select the sex marker they feel is appropriate for them on their birth certificate and driver’s license.

Hazel Park Councilmember Luke Londo

Londo, a Hazel Park councilmember and the first “out” member of the Michigan Civil Rights Commission as an openly bisexual man, said the bills give “our trans Michiganders equitable opportunity to obtain IDs that match their identity.”

The additional costs and indignities needed for Michiganders to legally change their name outside of marriage, as well as select the sex marker they feel is appropriate for them on their birth certificate and driver’s license, came to the forefront in February when the bills came before the Michigan House Judiciary Committee.

Advocates testifying in favor of the bills included Lilianna-Angel Reyes, executive director of the Trans Sistas of Color Project and health equity and outreach director of the Ruth Ellis Center in Detroit, and Emme Zanotti, director of advocacy and civic engagement at Equality Michigan.

Together they pointed to disparities in the law including recently married individuals only needing a certified copy of their marriage certificate to change any element of their name on their driver’s license or state ID, a process that costs about $50. 

Meanwhile, a person seeking a name change for any other reason has a much more complicated and expensive process that can include filing a petition for a name change in the appropriate local court in a county they have been a resident in for more than a year, providing two complete sets of their fingerprints taken at their local police station, and then publishing notice of the court proceeding to change their name in a news outlet determined by the court, noting the person’s current name, the name their petitioning for, and information about the proceeding in case a person wishes to contest the person’s name change.

HB 5300, sponsored by state Rep. Laurie Pohutsky (D-Livonia), would allow a judge to bypass having a hearing to approve a name change if appropriate and eliminate the automatic presumption of fraud for those petitioning for a name change that have a criminal record. Fingerprinting would also be eliminated.

House Bills 5301, sponsored by Rep. Emily Dievendorf (D-Lansing), 5302, sponsored by Rep. Felicia Brabec (D-Pittsfield Twp.), and 5303, sponsored by Rep. Helena Scott (D-Detroit), would codify current policies put in place by Michigan Secretary of State Jocelyn Benson that eliminate the requirement to provide a birth certificate to change one’s sex marker on their driver’s license or state I.D., outline a person’s ability to choose a non-binary sex marker, an “X,” and eliminate a state law that requires verification of “sex-reassignment surgery,” an outdated term, something Michigan Attorney General Dana Nessel determined was unconstitutional in 2021.

All four bills have been reported out of the House Judiciary Committee and await floor votes.

Londo’s resolution notes that “availing oneself of governmental privileges and opportunities to officially declare one’s gender identity should not be subject to the limitations of antiquated notions of gender identity that are inconsistent with current laws and prevailing rational sentiments,” and states that the legislation is “designed and intended to respect the right of self-determination and self-identification as embodied in the Elliott Larsen Civil Rights Act and Michigan law interpreting the same, remove legal barriers and promote the inclusion and acceptance of the transgender community into the larger Michigan community of tolerant and respectful citizens.”

The resolution also notes that approximately 78% of transgender adults in Michigan don’t have an ID that lists the correct gender for them, the highest percentage of any state, according to the Williams Institute in the University of California Los Angeles School Of Law. 

Londo also introduced a separate resolution advocating for passage of House Bill 4718, introduced by Pohutsky, that would ban the “outdated, offensive, and morally repugnant “gay panic defense.” 

Already passed by the Michigan House, that bill would prohibit using a legal defense that would either partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity were to blame.

Londo’s resolutions were both passed by the commission unanimously, prompting him to thank his colleagues “for their leadership in protecting the LGBTQ+ community and all protected classes in the Elliott-Larsen Civil Rights Act,” as well as Equality Michigan for its continued support.

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