Michigan expanded the Elliott‑Larsen Civil Rights Act (ELCRA) in 2023. This change added protections for sexual orientation and gender identity. If you’re part of the LGBTQ+ community, this shift affects how courts treat issues like divorce, adoption, and custody.
How LGBTQ+ identity now factors into custody
When custody is at stake, your identity as a parent matters less than your role in your child’s life. Thanks to ELCRA, courts in Michigan can’t treat you unfairly just because you’re gay, lesbian, bisexual, or transgender. Judges must now evaluate parenting time and legal decision-making without bias.
This means if you’re a transgender parent or not biologically related to your child, your right to stay involved in their life has stronger legal support. The law now works harder to focus on your relationship with your child—not your identity.
Adoption rights receive stronger backing
Before the ELCRA expansion, agencies and even courts sometimes denied adoption to LGBTQ+ individuals or couples. Now, denying adoption based on sexual orientation or gender identity goes against state law. If you’re trying to adopt a stepchild or foster child, this protection helps keep the focus on your fitness as a parent.
Religious agencies may still push back under religious freedom claims, but this law gives you legal ground to fight that discrimination.
Divorce outcomes must stay fair
In divorce, both parties must receive equal treatment under the law. If you’re in a same-sex marriage and filing for divorce, ELCRA helps ensure you’re treated fairly in property division, spousal support, and parenting matters. Discrimination during these proceedings can now face legal challenge under civil rights law.
Some religious organizations continue to challenge this law in court. These lawsuits test where civil rights protections end and religious freedoms begin. Still, Michigan courts must now apply ELCRA when deciding family law cases.