Michigan – In Michigan’s courtrooms, the well-known quote “New Year, New You” has a fresh significance and meaning. Since January 1, a new rule requires judges to use preferred pronouns when speaking to defendants, attorneys, and others in court.
“Parties and attorneys may also include Ms., Mr., or Mx. as a preferred form of address and one of the following personal pronouns in the name section of the caption: he/him/his, she/her/hers, or they/them/theirs. Courts must use the individual’s name, the designated salutation or personal pronouns, or other respectful means that are not inconsistent with the individual’s designated salutation or personal pronouns when addressing, referring to, or identifying the party or attorney, either orally or in writing,” states the Michigan Supreme Court order, signed Sept. 27.
Initial steps taken back in 2021
This change follows an event in 2021. The issue emerged when a Michigan Court of Appeals Judge, Mark Boonstra, did not recognize a transgender female defendant’s gender identity in a criminal sex assault case, People v Gobrick.
“Defendant is a biological man who, as the majority notes and obliges, apparently wishes to be referred to as “they/them,” said Boonstra, who was appointed by GOP former Gov. Rick Snyder, in a concurring opinion.
“Once we start down the road of accommodating pronoun (or other) preferences in our opinions, the potential absurdities we will face are unbounded. I decline to start down that road, and while respecting the right of dictionary- or style-guide-writers or other judges to disagree, do not believe that we should be spending our time crafting our opinions to conform to the ‘wokeness’ of the day. I decline to join in the insanity that has apparently now reached the courts.”
Debate in the Michigan legal community
The controversy surrounding a court opinion sparked a debate in the legal community. This led to the drafting of a new order, which was debated for over eight months with intense public input. Groups like the LGBTQA Section of the State Bar of Michigan supported the rule. They argued it would be in line with the scientific and medical understanding of transgender identity and gender dysphoria. They believed it would increase access to courts, boost public trust in the justice system, and guarantee respectful treatment for everyone in court.
However, there were opponents like the Catholic Lawyers Society of Metropolitan Detroit. Their main concern was that the rule might infringe on the free speech and religious rights of judges.
“Catholic judges are good and faithful servants of the law, but they are always servants of God first. The Court should not adopt a rule that will abridge their freedom of speech and their freedom of worship and require them to choose between public service and faithfulness to Almighty God,” stated the group.
A similar divide was laid out in the Michigan Supreme Court opinion establishing the rule, which passed 5-2.
Justice Elizabeth Welch, a Democratic-nominated justice and one of the five who voted in favor, said the amendment was simply acknowledging that as society evolves, so, too, does vocabulary.
“In order to be fair and impartial, courts, as the face of the third branch of government, must conduct business in a way that does not give the appearance of misgendering individuals, intentionally or otherwise,” she said. “A primary goal of this change is to ensure that the judiciary operates in a manner that is objectively respectful of the individual identity and personal pronouns of the members of the public that we serve, regardless of the subjective viewpoints of individuals working within the court system.”
“Judges are ultimately public servants. We serve the entire public and are required to treat those who come before us with civility and respect,” Welch wrote earlier this year. “The gender identity of a member of the public is a part of their individual identity, regardless of whether others agree or approve. Additionally … allowing parties and attorneys to identify their personal pronouns for the courts removes ambiguity and the risk of misgendering an individual.
Justice Brian Zahra, appointed by the GOP, disagreed with the new rule in Michigan. He felt it was an excessive response to Judge Boonstra’s 2021 case decision.
Michigan might be the first state to officially require this change in court rules, but the idea is gaining traction elsewhere in the legal world.
Similar laws are considered in other states
In February 2023, the American Bar Association (ABA) passed resolution 401. This resolution encourages courts across the U.S., including federal, state, local, territorial, and tribal courts, to adopt similar measures. It supports the use of LGBTQ+ inclusive language and pronouns in court. The resolution also includes guidance for judges on how to interact respectfully with transgender, non-binary, and gender-expansive individuals, in line with the Judicial Rules of Conduct.
Effective January 1, 2024
Following the decision by the Michigan Supreme Court, the new rule now applies to everyone in state court cases. Those involved in court processes must use the pronouns and titles that a person prefers. This rule was officially passed on September 27.
Starting January 1, 2024, judges in every Michigan court have to address individuals using pronouns like he/him/his, she/her/hers, or they/them/their. This is to respect each person’s gender identity.
Additionally, the title ‘Mx.’ is now an option for those who prefer gender-neutral pronouns. The titles ‘Mr.’ or ‘Ms.’ are also available for those who identify as male or female. Lawyers and others involved in court cases will follow this rule too.