The Michigan Supreme Court voted to amend Michigan Court Rule (MCR) 1.109 to include language about respecting a litigant’s or attorney’s preferred pronoun when “addressing, referring to, or identifying the party or attorney, either orally or in writing.” It is the first state to do so, and the amendment takes effect January 1, 2024.
Case captions can also include Ms., Mr., or Mx., and a personal gender pronoun. The court must use either the “individual’s name, the designated salutation or personal pronouns, or other respectful means that are not inconsistent” with the person’s designated salutation or pronouns. The vote to amend the rule was five in favor, and two against. Michigan Supreme Court Justice Welch noted that as society evolves, so does vocabulary, and the judiciary must recognize and respect the desired identity and pronouns of the society served.
Opponents of the change believe that
courts are wading into a significant political issue that has no place in a
courtroom. Defenders of the amendment note that if the court has a religious or
other objection to using a preferred pronoun, the party can still be addressed
by their role and last name (Attorney Jones, Defendant Jones).
Like everyone else, judges have
personal beliefs and thoughts on gender identity and pronoun use. In an
environment that many litigants feel is ripe with bias and inequity,
recognizing how a person identifies helps protect against gender prejudice.
