Family law: marriage and divorce; certain references in the foreign marriage act; make gender neutral. Amends sec. 1 of 1939 PA 168 (MCL 551.271) & repeals sec. 2 of 1939 PA 168 (MCL 551.272). TIE BAR WITH: HJR F'25
Summary
House Bill 4604 would amend Michigan’s foreign marriage recognition law, 1939 PA 168, to make the statutory language gender-neutral. As written, the bill changes the reference from a marriage between “a man and a woman” to a marriage between “2 parties,” while preserving the rule that a marriage validly solemnized in another U.S. state by an authorized officiant is recognized as valid in Michigan if the parties were otherwise legally competent to marry under Michigan law.
The bill also expressly states that the recognition provision does not apply to same-sex marriages, which the bill says remain invalid in Michigan under existing law. In addition, it repeals section 2 of the 1939 act. The bill is tied to a separate constitutional change: it would not take effect unless Senate Joint Resolution ____ or House Joint Resolution F becomes part of the Michigan Constitution, indicating that the statutory change is contingent on a broader constitutional amendment effort.
Impact
If enacted and triggered by the related constitutional resolution, the bill would revise Michigan Compiled Laws section 551.271 to use gender-neutral terminology in the state’s foreign marriage recognition statute and would repeal MCL 551.272. Its practical effect would be to update the wording of the law governing recognition of out-of-state marriages, while maintaining Michigan’s existing restrictions on same-sex marriage recognition unless and until the separate constitutional issue is resolved. The bill would affect married couples seeking recognition of an out-of-state marriage, as well as courts and state agencies applying Michigan marriage law.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition from the legislative record included here. Based on the bill text and caption, the measure appears to be a technical or conforming change to make statutory references gender-neutral, but it is also tied to a larger constitutional question about marriage recognition, which suggests the bill is part of a broader policy package rather than a standalone housekeeping measure.
Contention
The main point of contention is the bill’s treatment of same-sex marriage. Although it modernizes the language to be gender-neutral, it explicitly preserves the exclusion of same-sex marriages from the foreign marriage recognition statute and ties effectiveness to a constitutional resolution. Supporters would likely view the bill as a conforming update to marriage law terminology, while opponents would likely focus on the continued denial of recognition for same-sex marriages and the conditional nature of the bill’s implementation. The tie-bar to HJR F indicates that the bill’s fate depends on agreement over the underlying constitutional amendment.
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.