The Michigan Supreme Court has now mandated that all judges address attorneys in the courtroom by their preferred pronouns, or by “other respectful means.”
“Courts must use the individual’s name, the designated salutation or personal pronouns, or other respectful means that is not inconsistent with the individual’s designated salutation or personal pronouns,” the state Supreme Court said.
The new rule begins Jan. 1, though judges can work around it by instead using, “attorney” or “plaintiff,” along with their last name—accommodating those who do not want to “violate their beliefs,” Justice Elizabeth Welch said.
“We serve the entire public and are required to treat those who come before us with civility and respect,” Welch noted. “The gender identity of a member of the public is a part of their individual identity, regardless of whether others agree or approve.”
Under the new rule, attorneys may include Ms., Mr. or Mx., pronounced "mix." As their preferred form of address in court documents. Mx. Is an honorific that does not indicate gender.
Attorneys may also indicate use of the pronouns he/him/his, she/her/hers, or they/them/theirs in captions. (Reuters)
The rule was adopted, 5-2, with Justices Brian Zahra and David Viviano in opposition.
“This is a fluid political debate into which our judicial branch of state government should not wade, let alone dive headfirst and claim to have resolved,” Zahra said. ”Such hubris has no place within the operation of a judicial branch of state government.”
Justice Kyra Bolden, meanwhile, applauded Michigan for now having 'welcoming and inclusive courts.'
“While Michigan is the first state court to amend its court rules to expressly include such comprehensive protection for personal pronouns—history is made by being the first,” Bolden wrote in her concurrence.