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'25
Summary
HB4630 amends Michigan’s marriage-license confidentiality law to make the statutory language gender neutral. The bill updates references in the 1897 act governing marriage licenses issued “without publicity” so that the provision applies to “an individual” rather than using gendered terms such as “his or her” and “the opposite sex.” It also retains the probate judge’s authority to issue a confidential marriage license when an applicant, under oath, shows good reason for secrecy.
The bill also preserves the probate judge’s ability to authorize an order nunc pro tunc for the date shown on the marriage license. In practical terms, the measure does not create a new marriage process; it revises the wording of an existing confidentiality procedure and ties its effective date to a related constitutional amendment proposal, meaning it would not take effect unless the linked joint resolution becomes part of the Michigan Constitution.
Impact
HB4630 would amend MCL 551.201, the statute governing marriage licenses issued without publicity, by removing gender-specific references and aligning the text with gender-neutral drafting. The bill would affect probate judges, marriage applicants seeking confidentiality, and the statutory language used in administering marriage licenses. Because the bill is tie-barred to a constitutional change, its legal effect is contingent and would not become operative unless the referenced joint resolution is adopted.
Sentiment
The available context suggests the bill is largely technical and administrative, with a neutral to supportive tone implied by its purpose of modernizing statutory language. No committee testimony or recorded votes were provided, so there is no evidence of organized opposition or strong controversy in the available materials. The bill appears to be framed as a cleanup measure rather than a substantive policy change.
Contention
The main point of contention, based on the bill text itself, is the scope of the language change: the bill removes the phrase limiting confidential marriage licenses to an individual marrying someone of the opposite sex and replaces it with gender-neutral wording. That change may be significant to those concerned with how marriage-related statutes are updated and interpreted. Another potential issue is the tie-bar to a constitutional amendment, which means the bill’s effectiveness depends on separate voter or legislative action, making its final impact contingent rather than immediate.
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.