Ask the expert: The future for LGBTQIA+ lawyers in Michigan

LGBTQIA+ lawyers are an increasingly visible presence in Michigan’s legal profession, with more law students and attorneys identifying as LGBTQIA+ than ever before. Despite this growth, many still face unique challenges, from discrimination and bias to higher rates of stress and burnout.

Heather Johnson is a fixed-term faculty member at the Michigan State University College of Law. Johnson, who can comment on the impact of recent U.S. Supreme Court cases on the LGBTQIA+ community, answers questions on how workplace initiatives, along with legal protections and mentorship, are crucial in shaping the experiences of LGBTQIA+ lawyers.

Responses and excerpts are from an article published in the Michigan Bar Journal.

How has the number of LGBTQIA+ individuals in Michigan’s legal profession changed in recent years?

While the LGBTQIA+ community has long been underrepresented in the legal field, the number of LGBTQIA+ attorneys is also steadily growing. Approximately 4.17% of attorneys at American law firms identify as LGBTQIA+. More law students identify as part of the LGBTQIA+ 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 LGBTQIA+.

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 LGBTQIA+ law students in the entering class for fall 2024. MSU College of Law reported 24% of incoming students, and Michigan Law reported a similar, but slightly higher, percentage of 24.6% of incoming students as LGBTQIA+.

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% and Michigan Law reported 22.1% of their entering students identified as LGBTQIA+. 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 LGBTQIA+, which is consistent with data from law schools across the nation.

In the next few weeks, the numbers for matriculation in 2025 for the class of 2028 will be reported. Michigan State University College of Law reported 21% of incoming students for the class of 2028 identify as LGBTQ+. MSU Law also reported admitting more male identified students (49%) than female identified students (47%). This is a high number with over fifth of the entering class identifying as LGBTQ+. With the current climate facing LGBTQ+ identities it is likely that many students will be less inclined to disclose their LGBTQ+ status, and some LGBTQ+ identified students may decline to apply to law school because of the proliferation of current attacks on LGBTQ+ identities.

What legal protections for LGBTQIA+ individuals exist in Michigan, and how has the state made strides in this area?

At the state level, Michigan has made many strides toward LGBTQIA+ 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. Michigan became the 22nd state to ban conversion therapy for minors in 2023. Michigan became the last state to decriminalize paid surrogacy to protect families that use IVF and to ensure LGBTQIA+ parents are treated equally. 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. And, most recently, Michigan became the 20th state to ban the gay/trans panic defense.

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

What is the Gay/Trans Panic Defense?

The gay/trans panic defense is a legal argument based on prejudice, where the defendant blames their violent actions, such as murder or assault, on the victim’s actual or perceived sexual orientation or gender identity.

What challenges do LGBTQIA+ lawyers face in the legal profession, and how do they differ from their heterosexual counterparts?

LGBTQIA+ lawyers, like their colleagues, face mental health challenges related to the high demands of legal practice. However, LGBTQIA+ 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 LGBTQIA+ lawyers reported higher rates of stress, burnout and depression compared to their heterosexual counterparts, with a disproportionate impact on transgender and nonbinary lawyers. These challenges are compounded by the intersectional barriers that LGBTQIA+ lawyers of color face. The State Bar of Michigan’s Lawyers and Judges Assistance Program notes that improving and protecting attorneys’ well-being helps to maximize their professional competency.

The legal profession could address these mental health challenges by providing resources tailored specifically to LGBTQIA+ lawyers. This could include creating support networks for LGBTQIA+ 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.

How can the legal profession in Michigan better support LGBTQIA+ lawyers?

As LGBTQIA+ rights continue to evolve in the United States, the legal profession must confront both new and persistent challenges. Evolving legal protections, judicial independence, mental health and the influx of LGBTQIA+-identified lawyers into legal practice are a few issues to consider. Most importantly, the legal profession can support the increasing number of LGBTQIA+ lawyers by creating a more inclusive, supportive legal environment for all.

What steps should the legal profession take to ensure it is ready for the increasing number of LGBTQIA+ lawyers?

The LGBTQ+ Law Section of the State Bar of Michigan believes the legal profession should prepare for the increasing number of LGBTQIA+ attorneys by creating an inclusive and welcoming environment. The legal profession should continue to work to see that all legal professionals, including LGBTQIA+ 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 LGBTQIA+ lawyers. The legal profession should offer continuing legal education courses that address the legal needs of LGBTQIA+ individuals, as well as create a platform for LGBTQIA+ lawyers to engage in networking, professional development and advocacy work. Additionally, mentorship programs are needed to connect LGBTQIA+ law students and new lawyers with experienced professionals who can guide them through the challenges of the legal profession.