Michigan 2023-2024 Regular Session

Michigan House Bill HB4782

Introduced
6/15/23  

Caption

Family law: marriage and divorce; certain references in Chapter 84 of divorce; make gender neutral. Amends secs. 9f, 23, 27, 34, 36 & 37 of 1846 RS 84 (MCL 552.9f et seq.). TIE BAR WITH: HJR F'23

Impact

If implemented, HB4782 will influence the legal landscape surrounding family law in Michigan, facilitating a more equitable treatment of individuals in divorce proceedings, regardless of gender. By removing gender-specific language and updating sections pertaining to divorce, the bill aims to eliminate ambiguity and potential discrimination. For instance, the amendments concerning the courts’ handling of divorce testimony and the allocation of spousal support emphasize the provision of equality in legal proceedings, fostering an environment where the rights and responsibilities of all parties are recognized equally.

Summary

House Bill 4782 seeks to amend sections of Michigan's historical divorce law to make gender references within the law gender-neutral. The bill specifically targets various sections that detail processes involving divorce actions, support, and annulments, aiming to ensure that language reflects contemporary standards regarding marriage equality and inclusivity. This initiative aligns with broader societal movements towards gender neutrality in legal statutes, addressing historical biases that may have existed within the existing framework.

Contention

While the bill has received support for its progressive stance towards gender neutrality, there are underlying concerns regarding its implementation. Some stakeholders fear that changes needed for technical clarity could inadvertently lead to legal loopholes or discrepancies in previously established precedents. Additionally, the bill must also contend with the necessity of linkage to a resolution that addresses the state constitution, as specified in the enacting section, which presents a potential hurdle in its passage and enactment.

Companion Bills

MI HJRF

Same As Civil rights: sexual orientation discrimination; certain references to marriage; make gender neutral. Amends sec. 1, art. X & repeals sec. 25, art. I of the state constitution.

Previously Filed As

MI HB4629

Family law: marriage and divorce; certain references in Chapter 84 of divorce; make gender neutral. Amends secs. 9f, 23, 27, 36 & 37 of 1846 RS 84 (MCL 552.9f et seq.). TIE BAR WITH: HJR F'25

MI HB4791

Family law: marriage and divorce; certain references in judgments of divorce; make gender neutral. Amends secs. 1 & 2 of 1909 PA 259 (MCL 552.101 & 552.102). TIE BAR WITH: HJR F'23

MI HB4622

Family law: marriage and divorce; certain references in judgments of divorce; make gender neutral. Amends secs. 1 & 2 of 1909 PA 259 (MCL 552.101 & 552.102). TIE BAR WITH: HJR F'25

MI HB4775

Family law: marriage and divorce; certain references in the revised statutes of 1846 of marriage and the solemnization thereof; make gender neutral. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals secs. 1 & 4 of 1846 RS 83 (MCL 551.1 & 551.4). TIE BAR WITH: HJR F'23, HB 4790'23

MI HB4616

Family law: marriage and divorce; certain references in the revised statutes of 1846 of marriage and the solemnization thereof; make gender neutral. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals secs. 1 & 4 of 1846 RS 83 (MCL 551.1 & 551.4). TIE BAR WITH: HJR F'25

MI HB4788

Family law: marriage and divorce; certain references in provision for name change upon solemnization; make gender neutral. Amends title & sec. 1 of 1905 PA 299 (MCL 552.391). TIE BAR WITH: HJR F'23

MI SB0214

Family law: marriage and divorce; action to annul a marriage based on legal age of consent; modify. Amends sec. 34 of 1846 RS 84 (MCL 552.34).

MI HB4300

Family law: marriage and divorce; action to annul a marriage based on legal age of consent; modify. Amends sec. 34 of 1846 RS 84 (MCL 552.34).

MI HB4814

Civil procedure: other; certain references in the revised judicature act; make gender neutral. Amends secs. 1410, 2005, 2162, 2807, 3344, 5451, 6023a & 6131 of 1961 PA 236 (MCL 600.1410 et seq.). TIE BAR WITH: HJR F'23

MI HB4808

Family law: marriage and divorce; certain references in the provision related to marriage license without publicity; make gender neutral. Amends sec. 1 of 1897 PA 180 (MCL 551.201). TIE BAR WITH: HJR F'23

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MI HB4629

Family law: marriage and divorce; certain references in Chapter 84 of divorce; make gender neutral. Amends secs. 9f, 23, 27, 36 & 37 of 1846 RS 84 (MCL 552.9f et seq.). TIE BAR WITH: HJR F'25

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