The number of individuals who identify as LGBTQ+¹ in Michigan is increasing. There is a greater recognition of diverse identities and a greater willingness for people, especially younger people, to be open about their identity.² Recent reports indicate that 4% of the Michigan population identifies as LGBTQ+.³

A GROWING NUMBER OF LGBTQ+ LAWYERS AND LAW STUDENTS

While the LGBTQ+ community has long been underrepresented in the legal field,⁴ the number of LGBTQ+ attorneys is also steadily growing. Approximately 4.17% of attorneys at American law firms identify as LGBTQ+.⁵ More law students identify as part of the LGBTQ+ community than ever before. A 2022 survey by the National Association for Law Placement found that 9.37% of law firm summer associates identified as LGBTQ+.⁶ Even more eye-catching is the growing demographic data being reported nationally for students matriculating to law school. In 2024, both Michigan State University and the University of Michigan reported an increase in the number of LGBTQ+ law students in the entering class for fall 2024. MSU College of Law reported 24%⁷of the incoming students, and Michigan Law reported a similar, but slightly higher, percentage of 24.6%⁸ of incoming students as LGBTQ+. While you might want to do a double take on these numbers, they are up only slightly from a year prior, when MSU College of Law reported 20%⁹ and Michigan Law reported 22.1%¹⁰ of their entering students identified as LGBTQ+. It is not a one-year blip or statistical fluke. This means that approximately one out of every four students at the two largest law schools in Michigan identify as LGBTQ+, which is consistent with data from law schools across the nation, as indicated in the table below.¹¹

Table 1. 2027 Class Profile Data

2027 CLASS PROFILE DATA (% OF LGBTQ+ STUDENTS)

As LGBTQ+ rights continue to evolve in the United States, the legal profession must confront both new and persistent challenges. This essay will consider issues relating to evolving legal protections, judicial independence, mental health, and the influx of LGBTQ+-identified lawyers into legal practice. The last section of this essay explores recommendations for ways in which the legal profession can support the increasing number of LGBTQ+ lawyers by creating a more inclusive, supportive legal environment for all. (See table 1).

LEGAL PROTECTIONS AND THE EVOLVING STATUS OF LGBTQ+ RIGHTS

A Changing Legal Landscape

The landscape of LGBTQ+ rights in the United States is rapidly evolving, particularly in the wake of major Supreme Court decisions like Obergefell v. Hodges (2015),¹² which legalized same-sex marriage nationwide, and Bostock v. Clayton County (2020),¹³ which extended Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on sexual orientation and gender identity. Despite these decisions, many legal protections for LGBTQ+ individuals remain precarious, particularly in areas such as health care, housing, education, and public accommodations.

At the state level, Michigan has made many strides toward LGBTQ+ inclusion and equality. Michigan passed legislation expanding the Elliott-Larsen Civil Rights Act, solidifying protections for sexual orientation, gender identity, and expression to ensure that no Michigan resident can be fired from their job or evicted from their home based on how they identify.¹⁴ Michigan became the 22nd state to ban conversion therapy for minors in 2023.¹⁵ Michigan became the last state to decriminalize paid surrogacy to protect families that use IVF and to ensure LGBTQ+ parents are treated equally.¹⁶ The Michigan Supreme Court amended the Michigan Court Rules to allow parties and attorneys to provide a preferred salutation or personal pronoun in court documents, and the rules require the courts to use the individual's name, preferred salutation or personal pronoun, or other respectful means to address, refer to, or identify the party or attorney.¹⁷ And, most recently, Michigan became the 20th state to ban the gay/trans panic defense.¹⁸

However, LGBTQ+ rights continue to be subject to legal and political contention in Michigan. Ongoing cases involve challenges to the exclusion of LGBTQ+ protections under Michigan law in adoption and foster care, employment, and where religious freedom claims may conflict with nondiscrimination principles.¹⁹

Transgender Rights and State-Level Challenges

While Bostock extended protections against discrimination based on sexual orientation and gender identity in the workplace, transgender issues remain in dispute, such as access to gender-affirming health care, participation in sports, and recognition of gender on official documents. Michigan legislators introduced bills last session to limit access to gender-affirming health care for minors,²⁰ mirroring trends seen in states like Florida and Texas. Enactment of such legislation would create a patchwork of legal rules across the country and require lawyers to be agile in their representation of transgender individuals.

The Supreme Court has taken up the question of gender-affirming care after the Sixth Circuit rejected requests from families and medical providers to block laws in Tennessee and Kentucky that ban such care. In United States v. Skrmetti,²¹ the Supreme Court will consider the ban targeting hormone therapies (hormone replacement therapy and puberty blockers), but not surgical care. In arguments before the Supreme Court and in its Cert Petition, the United States Department of Justice under the Biden administration argued that the ban is a clear example of discrimination on the basis of sex and transgender status,²² because allowing a doctor to prescribe testosterone to a cisgender teenage boy for any clinical diagnosis but not allowing the doctor to do the same for a transgender boy diagnosed with gender dysphoria, would be a violation of the Equal Protection Clause of the 14th Amendment. The Sixth, Eighth, and Eleventh Circuit Courts of Appeals²³ have allowed these bans to take effect. If the Supreme Court finds that states can ban medical treatment for trans youth with gender dysphoria, then existing laws banning gender-affirming care will stand, and other jurisdictions could also adopt similar bans.

JUDICIAL INDEPENDENCE AND EDUCATION IN A POLARIZED POLITICAL ENVIRONMENT

Education about the history of LGBTQ+ animus and the need to provide accurate historical information to the judiciary that may not be familiar with the LGBTQ+ community will fall to attorneys litigating these issues. For example, on December 4, 2024, in the oral arguments for the United States v. Skrmetti, questions from Supreme Court Justices Amy Coney Barrett and Brett Kavanaugh focused on de jure discrimination faced by trans people. Chase Strangio, the first known trans person to argue before the Supreme Court, was able to answer questions about the long history of cross-dressing laws targeting trans people and about laws banning trans people from military service.²⁴

One of the most pressing challenges for attorneys who are trying to uphold the rule of law that protects LGBTQ+ rights is judicial independence. Political polarization has already begun to influence the way judges are selected, and when judges are nominated, they are questioned in the vetting process about their approach to cases involving LGBTQ+ rights.²⁵ In 2020, Lambda Legal provided legal reporting and analysis that “[n]early 40 percent of the federal judges that President Donald Trump has appointed to the courts of appeals have demonstrated history of hostility towards the LGBTQ+ community — an overall increase from the 1-in-3 number reported in Lambda Legal’s 2018 and 2019 reports.”²⁶

Judicial independence has come under threat through calls for impeachment of judges,²⁷ attempts to limit courts jurisdictions,²⁸ and actual violence against judges and their families.²⁹

Lawyers and judges in Michigan could face the challenge of navigating attempts to threaten and pressure them, especially in cases that are based on politically charged issues, such as those related to the fundamental rights affirmed in Romer,³⁰ Obergefell,³¹ and Bostock.³²

MENTAL HEALTH AND WELLNESS OF LGBTQ+ LEGAL PROFESSIONALS

LGBTQ+ lawyers, like their colleagues, face mental health challenges related to the high demands of legal practice.³³ However, LGBTQ+ lawyers may experience unique stressors, such as fear of discrimination, rejection, or harassment in the workplace. A survey by the American Bar Association in 2020 found that LGBTQ+ lawyers reported higher rates of stress, burnout, and depression compared to their heterosexual counterparts, with a disproportionate impact on transgender and non-binary lawyers.³⁴ These challenges are compounded by the intersectional barriers that LGBTQ+ lawyers of color face.³⁵ The State Bar of Michigan’s Lawyers & Judges Assistance Program notes that improving and protecting attorneys' well-being helps to maximize their professional competency.³⁶

The legal profession could address these mental health challenges by providing resources tailored specifically to LGBTQ+ lawyers. This could include creating support networks for LGBTQ+ lawyers, such as mentorship programs and peer-to-peer counseling, as well as providing access to confidential counseling services. The legal profession should also ensure that resources for managing mental health and wellness are easily accessible, emphasizing the importance of addressing both personal well-being and professional success.

The State Bar can also work to improve mental health resources for LGBTQ+ lawyers by promoting wellness initiatives of the LGBTQ+ Law Section that are sensitive to the unique stressors faced by LGBTQ+ individuals. Mental health workshops and peer support groups that are specifically geared toward LGBTQ+ lawyers would create a sense of community and alleviate some of the pressures unique to the experience of being an LGBTQ+ lawyer.

THE INFLUX OF LGBTQ+ LAWYERS: PREPARING THE LEGAL PROFESSION

The LGBTQ+ Law Section believes the legal profession should prepare for the increasing number of LGBTQ+ attorneys by creating an inclusive and welcoming environment. The legal profession should continue to work to see that all legal professionals, including LGBTQ+ lawyers, are treated with respect and given equal opportunities for advancement.

The LGBTQ+ Law Section also believes a critical step in this direction is providing training and professional development opportunities that focus on the specific needs of LGBTQ+ lawyers. The legal profession should offer continuing legal education courses that address the legal needs of LGBTQ+ individuals, as well as creating a platform for LGBTQ+ lawyers to engage in networking, professional development, and advocacy work. Additionally, mentorship programs are needed to connect LGBTQ+ law students and new lawyers with experienced professionals who can guide them through the challenges of the legal profession. The State Bar of Michigan should reflect a commitment to diversity and inclusion by creating a designated area for Michigan attorneys to identify their pronouns on their SBM profile. These steps will ensure that Michigan creates a welcoming environment for all attorneys, which also will support recruitment and retention efforts of LGBTQ+ attorneys to keep top talent in Michigan.

ADDRESSING INTERSECTIONALITY: ADVOCATING FOR MARGINALIZED LGBTQ+ INDIVIDUALS

LGBTQ+ lawyers, judges, and legal professionals must also address intersectionality, particularly the ways in which race, gender, and socioeconomic status intersect with sexual orientation and gender identity. LGBTQ+ people of color, LGBTQ+ people with disabilities, and LGBTQ+ individuals from lower-income backgrounds face compounded discrimination in legal and social settings. California has just enacted a new law³⁷ clarifying that discrimination can happen based on an intersection or combination of protected characteristics that Michigan can look to as model legislation.

For example, a Black LGBTQ+ lawyer may face both racial discrimination and anti-LGBTQ+ bias, creating a need for a nuanced approach to professional development, mentorship, and advocacy. Targeting resources that focus on supporting LGBTQ+ lawyers from underrepresented groups could help address these issues by raising awareness about structural bias, deploying LGBTQ+ Law Section experts to offer programming for attorneys, developing mentorship programs, and creating diversity initiatives within legal institutions. Addressing these disparities requires a multifaceted approach that considers the unique needs of LGBTQ+ individuals at the intersection of multiple forms of oppression.

CONCLUSION

Acknowledging/recognizing the growing number of LGBTQ+ -identified individuals in the population at large and the increasing number of LGBTQ+ attorneys and judges in the legal profession is important. The legal profession should ensure that LGBTQ+ lawyers and judges are supported, respected, and given the tools to succeed in a profession that is still grappling with issues of bias, discrimination, and political polarization.

The increase in LGBTQ+ attorneys and judges comes at a time in which there are ongoing challenges focused on the evolving legal protections for LGBTQ+ individuals, particularly transgender rights, and at a time when judicial independence and education are critical. The LGBTQ+ Law Section believes the profession should help support these attorneys by creating an inclusive environment, providing professional development opportunities, and addressing the unique mental health and wellness needs of LGBTQ+ individuals, particularly those at the intersection of multiple marginalized identities.

By adopting proactive policies and initiatives, Michigan can help shape a legal profession that is diverse, inclusive, and capable of protecting the rights of all individuals, regardless of sexual orientation or gender identity.