On January 1, 2024, the Michigan Supreme Court implemented an amendment to Rule 1.109 of the Michigan Court Rules. As amended, Rule 1.109(D) permits parties and attorneys to include pronouns in the captions of pleadings and instructs courts in the use of pronouns by those appearing before them:
“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.”
MCR 1.109(D)(1)(b).
The proposed amendment spurred spirited and meaningful debate from many viewpoints when published for comment. But this article is not intended to make any sort of political statement about whether the rule should have been adopted.
In light of the rule change, I was curious to find out more about why pronouns matter to those appearing in court. And, as I often do when I don’t know things, I turned for help to folks who know more than me.
One of the persons I turned to for insight is Katie Stanley. I met Katie through the State Bar of Michigan’s LGBTQ+ Law Section, whose meetings I have been attending over the past couple of bar years in an effort to expand my own understanding and knowledge of legal issues affecting folks within the community. Katie currently works as an attorney at Legal Services of Eastern Michigan, where she serves as the Community Engagement Manager. Among other areas of law, Katie is heavily involved in fair housing efforts. She also serves as a member of the Attorney Discipline Board and, as I have come to learn through exposure to her music, is an absolutely incredible musician with several albums released.[1]
When I asked why pronouns matter in court, Katie explained: “Research suggests that procedural justice has a tremendous impact on the experience litigants have in the justice system and their views on the system and its legitimacy. Several factors can influence the view people have of their interactions with the courts: whether they are treated with dignity and respect, whether they have a voice in the proceedings, whether the decision-maker in their case was neutral, and whether they trusted that decision-maker. Those litigants who receive an unfavorable outcome are more likely to have a favorable view of the court system when they feel that they had been treated with dignity, been respected, been heard, and that the decision-maker in their case was neutral. This, in turn, can lead to more likely compliance with court orders.”
Another attorney whose work directly involves the community is Jay Kaplan, whom I also met through the SBM LGBTQ+ Law Section. Jay is the Nancy Katz & Margo Dichtelmiller LGBTQ+ Rights Project Staff Attorney with ACLU of Michigan.
When I asked Jay for his thoughts on why pronouns matter, he explained: “Studies suggest that traditionally, many transgender individuals felt unwelcome and unsafe in court. Many in the trans community didn’t see the court system as a viable option because of concerns how they would be regarded by court staff and judges.
“Pronoun usage is a matter of dignity, courtesy, and fairness,” Jay told me. “Refusing to utilize gender pronouns sends a message to Michigan’s transgender citizens that they are not to be accorded the same dignity, courtesy, and fairness given to other litigants and raises doubt that they will have access to equal justice in Michigan courts.”
While treatment in court is only one small aspect, lack of acceptance matters. In addition to speaking with folks in the community, I also did a little digging of my own.
Research from The Trevor Project, a leading suicide prevention organization for LGBTQ+ youth, confirms that this issue is about more than just niceties and hurt feelings.
Each year, The Trevor Project surveys[2] young people in the LGBTQ+ community.
The Trevor Project’s 2024 survey involved input from more than 18,000 LGBTQ+ young people, divided into two groups, ages 13-17 and ages 18-24, on their experiences during the preceding 12-month period. I found the results alarming.
• 39% of LGBTQ+ young people across both age groups reported seriously considering suicide.
• 12% of LGBTQ+ young people reported having attempted suicide.
• 46% of the LGBTQ+ young people in the younger age group, ages 13-17, reported considering suicide.
• 16% of those ages 13-17 reported making a suicide attempt.
• 49% of those ages 13-17 reported experiencing bullying. Those who were bullied reported significantly higher rates of suicide attempts.
• Those living in communities they identified as not accepting were more than twice as likely to attempt suicide.
• 66% of LGBTQ+ youth reported experiencing symptoms of anxiety.
• 53% reported experiencing symptoms of depression.
• 60% of LGBTQ+ young people reported that they have felt discriminated against in the past year due to their sexual orientation or gender identity.
Lack of empathy, bullying, and refusal of those around them to accept them are associated with higher rates of suicide attempts. As the New York City government elucidates, “Being LGBTQ alone does not put a young person at higher risk for suicide; the discrimination, rejection, fear, and harassment that may come with being LGBTQ in an unsupportive environment are what increase the risk.”[3]
Not all young people or all LGBTQ+ young people will have contact with the courts, of course. But for those who do, the simple act of respecting their identities, and their choice of pronouns, can make a difference.
On the evening of May 21, 2025, I will be hosting an OCBA event at Affirmations LGBTQ+ Community Center[4] in Ferndale entitled: “Rule 1.109(D) One Year In: Why It Matters.” Presented by the OCBA and the OCBA Diversity, Equity and Inclusion Committee, whose work remains essential to the OCBA’s mission, and in collaboration with co-sponsors Affirmations, PFLAG, and the State Bar of Michigan’s LGBTQ+ Law Section, the event will include speakers from the bench, the bar, and the community and is intended to explore the impact of the Michigan Supreme Court’s amendment to Rule 1.109 and why pronouns matter in court and beyond.
I hope to learn more, and I hope to see you there.
————————
[1]You can listen to one of my favorites of Katie’s songs, “From Another Life” from her 2022 album Drag in the Infinite, here: youtube.com/watch?v=2AE0gy_CI94. katiestanleymusic.com/listen.
[2] thetrevorproject.org/survey-2024/assets/static/TTP_2024_National_Survey.pdf.
[3] nyc.gov/site/doh/health/health-topics/lgbtq-youth-suicide.page.
[4] “Affirmations provides a welcoming space where people of all sexual orientations, gender identities & expressions, and cultures can find support and unconditional acceptance, and where they can learn, grow, socialize and feel safe!” goaffirmations.org/welcome-mission.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
“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.”
MCR 1.109(D)(1)(b).
The proposed amendment spurred spirited and meaningful debate from many viewpoints when published for comment. But this article is not intended to make any sort of political statement about whether the rule should have been adopted.
In light of the rule change, I was curious to find out more about why pronouns matter to those appearing in court. And, as I often do when I don’t know things, I turned for help to folks who know more than me.
One of the persons I turned to for insight is Katie Stanley. I met Katie through the State Bar of Michigan’s LGBTQ+ Law Section, whose meetings I have been attending over the past couple of bar years in an effort to expand my own understanding and knowledge of legal issues affecting folks within the community. Katie currently works as an attorney at Legal Services of Eastern Michigan, where she serves as the Community Engagement Manager. Among other areas of law, Katie is heavily involved in fair housing efforts. She also serves as a member of the Attorney Discipline Board and, as I have come to learn through exposure to her music, is an absolutely incredible musician with several albums released.[1]
When I asked why pronouns matter in court, Katie explained: “Research suggests that procedural justice has a tremendous impact on the experience litigants have in the justice system and their views on the system and its legitimacy. Several factors can influence the view people have of their interactions with the courts: whether they are treated with dignity and respect, whether they have a voice in the proceedings, whether the decision-maker in their case was neutral, and whether they trusted that decision-maker. Those litigants who receive an unfavorable outcome are more likely to have a favorable view of the court system when they feel that they had been treated with dignity, been respected, been heard, and that the decision-maker in their case was neutral. This, in turn, can lead to more likely compliance with court orders.”
Another attorney whose work directly involves the community is Jay Kaplan, whom I also met through the SBM LGBTQ+ Law Section. Jay is the Nancy Katz & Margo Dichtelmiller LGBTQ+ Rights Project Staff Attorney with ACLU of Michigan.
When I asked Jay for his thoughts on why pronouns matter, he explained: “Studies suggest that traditionally, many transgender individuals felt unwelcome and unsafe in court. Many in the trans community didn’t see the court system as a viable option because of concerns how they would be regarded by court staff and judges.
“Pronoun usage is a matter of dignity, courtesy, and fairness,” Jay told me. “Refusing to utilize gender pronouns sends a message to Michigan’s transgender citizens that they are not to be accorded the same dignity, courtesy, and fairness given to other litigants and raises doubt that they will have access to equal justice in Michigan courts.”
While treatment in court is only one small aspect, lack of acceptance matters. In addition to speaking with folks in the community, I also did a little digging of my own.
Research from The Trevor Project, a leading suicide prevention organization for LGBTQ+ youth, confirms that this issue is about more than just niceties and hurt feelings.
Each year, The Trevor Project surveys[2] young people in the LGBTQ+ community.
The Trevor Project’s 2024 survey involved input from more than 18,000 LGBTQ+ young people, divided into two groups, ages 13-17 and ages 18-24, on their experiences during the preceding 12-month period. I found the results alarming.
• 39% of LGBTQ+ young people across both age groups reported seriously considering suicide.
• 12% of LGBTQ+ young people reported having attempted suicide.
• 46% of the LGBTQ+ young people in the younger age group, ages 13-17, reported considering suicide.
• 16% of those ages 13-17 reported making a suicide attempt.
• 49% of those ages 13-17 reported experiencing bullying. Those who were bullied reported significantly higher rates of suicide attempts.
• Those living in communities they identified as not accepting were more than twice as likely to attempt suicide.
• 66% of LGBTQ+ youth reported experiencing symptoms of anxiety.
• 53% reported experiencing symptoms of depression.
• 60% of LGBTQ+ young people reported that they have felt discriminated against in the past year due to their sexual orientation or gender identity.
Lack of empathy, bullying, and refusal of those around them to accept them are associated with higher rates of suicide attempts. As the New York City government elucidates, “Being LGBTQ alone does not put a young person at higher risk for suicide; the discrimination, rejection, fear, and harassment that may come with being LGBTQ in an unsupportive environment are what increase the risk.”[3]
Not all young people or all LGBTQ+ young people will have contact with the courts, of course. But for those who do, the simple act of respecting their identities, and their choice of pronouns, can make a difference.
On the evening of May 21, 2025, I will be hosting an OCBA event at Affirmations LGBTQ+ Community Center[4] in Ferndale entitled: “Rule 1.109(D) One Year In: Why It Matters.” Presented by the OCBA and the OCBA Diversity, Equity and Inclusion Committee, whose work remains essential to the OCBA’s mission, and in collaboration with co-sponsors Affirmations, PFLAG, and the State Bar of Michigan’s LGBTQ+ Law Section, the event will include speakers from the bench, the bar, and the community and is intended to explore the impact of the Michigan Supreme Court’s amendment to Rule 1.109 and why pronouns matter in court and beyond.
I hope to learn more, and I hope to see you there.
————————
[1]You can listen to one of my favorites of Katie’s songs, “From Another Life” from her 2022 album Drag in the Infinite, here: youtube.com/watch?v=2AE0gy_CI94. katiestanleymusic.com/listen.
[2] thetrevorproject.org/survey-2024/assets/static/TTP_2024_National_Survey.pdf.
[3] nyc.gov/site/doh/health/health-topics/lgbtq-youth-suicide.page.
[4] “Affirmations provides a welcoming space where people of all sexual orientations, gender identities & expressions, and cultures can find support and unconditional acceptance, and where they can learn, grow, socialize and feel safe!” goaffirmations.org/welcome-mission.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
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