Michigan House Bill HB4616

Michigan 2025-2026 Regular Session

• Introduced: 6/10/25
• Refer: 6/10/25

Caption

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

Summary

HB 4616 would update Michigan’s marriage statute to use gender-neutral language throughout key provisions of the 1846 Revised Statutes governing marriage and solemnization. The bill revises the definition of marriage from a contract between “a man and a woman” to a civil contract between “2 parties,” and it replaces gendered references in the prohibited-relationships section with gender-neutral family terms. It also changes the solemnization language so spouses may declare they take each other as “husband and wife; spouses,” rather than only husband and wife. The bill also repeals sections 1 and 4 of the underlying marriage act and 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. In practical terms, the bill would modernize statutory language in Michigan’s marriage code while leaving the basic licensing and solemnization framework in place.

Impact

HB 4616 would amend MCL 551.2, 551.3, and 551.9 to remove gender-specific wording from Michigan’s marriage laws and replace it with gender-neutral terminology. It would affect how the state defines marriage, lists prohibited familial marriages, and describes the ceremony requirements for solemnization. The bill does not appear to change the licensing process or the requirement for witnesses, but it would alter the statutory language used by courts, clerks, officiants, and the public when interpreting marriage law. Its effective date is contingent on a related constitutional amendment, so the statutory changes would only take effect if that separate resolution is adopted.

Sentiment

Based on the bill caption and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears procedural and reform-oriented rather than contentious in the available record. The bill is framed as a technical modernization measure to make marriage statutes gender neutral, suggesting support from sponsors for updating outdated language. However, the tie-bar to a constitutional resolution indicates the proposal is part of a broader legal change and may be politically sensitive because it touches marriage definitions and constitutional language.

Contention

The main point of contention is likely the bill’s interaction with the constitutional amendment referenced in the tie-bar. Because HB 4616 would not take effect unless the related joint resolution becomes part of the state constitution, opponents or undecided lawmakers may focus on the broader policy question of changing Michigan’s constitutional treatment of marriage rather than the statutory cleanup itself. Another possible area of debate is the shift from the traditional “husband and wife” formulation to gender-neutral terms, which may be viewed by supporters as inclusive modernization and by critics as altering longstanding marriage terminology. No specific committee objections or recorded vote divisions were provided.