Legal

"Corporations Too Tolerant" Rules Michigan Court

MayorBob.

Posted to Legal on Mon Feb 05, 2007 at 02:32:45 PM EST (promoted by port1080). RSS.

An appeals court in Michigan has delivered a major setback for those seeing some sort of middle ground in the gay marriage debate.  In a unanimous decision, the Michigan Court of Appeals (COA) has ruled that public universities and local governments can't provide health insurance to the partners of gay employees without violating the state constitution.

The argument goes that, as long as gays are not allowed to be married, there will always be a fight over a wide range of issues such as insurance and survivor rights.  Those in the middle - not being opposed to same sex unions, but not seeing gay marriage per se as being critical - argue that the rights of same sex partners can be secured by statute or something like civil unions.  Not so, according to a three judge panel of the COA.  In the ruling (15 pg pdf doc), the COA overturned a lower court ruling which affirmed the right of a same sex partner to health insurance benefits from his partner, a Kalamazoo, Michigan city worker.  The judges ruled that a 2004 amendment to the state constitution, stood in the way of local and state entities from authorizing benefits for same sex partners.  The language in the amendment the COA stressed was "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose."

The ruling invalidates collective bargaining agreements between unions and schools and governments where benefits were negotiated for same sex partners.  The city of Kalamazoo is in the process of informing their affected employees of the court's decision and it is anticipated that there will be a ripple effect to other cities and schools in Michigan with similar agreements.

Some people in Michigan believe the court's decision delivers a "cold shoulder to gays" that reports of looming global warming are unlikely to thaw.  In the words of one person in a same sex relationship, it's not just about the money: "It also tells me that my family isn't worthy of the same treatment as other families."  Michigan Attorney General Mike Cox led the fight against benefits for same sex partners.  A spokesperson for Cox said: "The attorney general believes the people of Michigan were very clear when they passed this amendment.  In a democracy, when the people speak in such clear terms, who are we to question what they were thinking?"  The ACLU will pursue an appeal to the state Supreme Court, but this looks to be a case which will end up in federal court.  There are currently 28 states in the US with constitutional amendments similar to Michigan's, so a decision at the federal level on this matter would have widespread impact.      

Tags: edited by Port1080, written by MayorBob, gay marriage, same sex partnership, law, health insurance (all tags)

This story: 25 comments (5 from subqueue)
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1

Re: canada vs usa

shane.

Mon Feb 05, 2007 at 03:54:32 PM EST

none

I heard recently that the supreme court in Ontario has allowed three names to be placed on a birth certificate... poly relationships take a step forward in canada, while at the same time same-sex relationships take a step back in the usa.

two countries, so close, yet so far apart...

2

Voters too intolerant, votes Michigan Court

Thalia.

Mon Feb 05, 2007 at 04:26:08 PM EST

none

I'm now curious if under this rule any corporation that provides health benefits to anyone other than a spouse is in trouble.  For example, my father's former employer provided health benefits to adult children as long as they were students.  The Court states that:  "the only relationship that may be given any recognition or acknowledgment of validity is the union of one man and one woman in a marriage."  It then continues "In this way, the agreement between the employee and the dependent constitutes a union similar to marriage, because with the agreement (as with a marriage), the employer has a legal obligation to recognize the union and provide benefits to the eligible dependent (as with a spouse)."  Of course, a similar agreement exists with respect to adopted children, and even children of whom one does not have custody.

I can see why the court came to the decision it did.  

Thalia

3

The constructionist approach to anti-gay laws

wetkarma.

Mon Feb 05, 2007 at 05:36:12 PM EST

none

The amendment language seems fairly straightforward and so the court's decision is perfectly consistent with the law.

Mayorbob's writeup (stellar as they always are) does a good job of burying the key AG spokesperson quote in the final paragraph: > the people of Michigan passed this amendment .

Like many other cases I wish my ACLU brethren wouldn't waste their time following up on this case..but hey..fight the good fight and so on.

To address Thalia's point upthread: I see nothing in this ruling preventing corporations giving benefits to gay/poly relationships. Its all about the government and government compliance with the law.

So bottomline: If you live in michigan and are gay, don't work in the public sector.

The fine, intelligent, erudite people of Michigan have spoken.

Memory is a strange bell, jubilee and knell.

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Re: The constructionist approach to anti-gay laws

MayorBob.

Mon Feb 05, 2007 at 06:47:57 PM EST

none

The AG spokesperson quote is hardly "buried" anywhere in the write up.  If anywhere, it's prominently featured in the final paragraph, you know, sort of almost the last thing you read about it in the write up.  I hardly consider it to be key as, it would seem to me that there might be an element of a doubt as to whether the people, in voting on an amendment to their constitution believed it was anything more than a statement about what a marriage was.  Did they really and truly think that one of the impacts of passing such an amendment be to have a bunch of law abiding, tax paying citizens to lose their health insurance coverage.

But, as you say, the "fine, intelligent, erudite people of Michigan have spoken."  Let's only hope that the justices of the state Supreme Court have a different interpretation of the amendment.

Illegitimi non carborundum.

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^ 4

Re: The constructionist approach to anti-gay laws

tomc.

Mon Feb 05, 2007 at 07:17:32 PM EST

none

Interesting how people make connections here, though.

In Washington state, there is a proposal to put a law together that gives what are normally considered familial rights to gay couples: hospitla visits, etc.  It has nothing to do with gay marriage or civil unions.  However, this doesn't prevent opponents of the proposal to point out that "the people who are advocating this are the same people who advocate gay marriage and civil unions.

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^ 4

Re: The constructionist approach to anti-gay laws

wetkarma.

Tue Feb 06, 2007 at 12:57:47 PM EST

none

The AG spokesperson quote is hardly "buried" anywhere in the write up.

Erk. I fully agree. This was some sort of weird Freudian gaffe on my part. I meant to write that you did a good of job referencing/hilighting/any word other than burying the AG spokesperson quote. For some reason entirely unclear to me I wrote "burying" (perhaps I was typing something else). In any event..sorry..didn't meant to say that you were trying to hide something by including it in the writeup.

Memory is a strange bell, jubilee and knell.

6

C'est vrai

Steve Urkel.

Mon Feb 05, 2007 at 09:46:27 PM EST

none

"It also tells me that my family isn't worthy of the same treatment as other families."

Because your family isn't worthy of the same treatment as other families.

As French politician Christian Vanneste (UMP) aptly put it:

"Homosexuality can only be a tolerated behavior, something marginal which cannot in any case be promoted or protected over and beyond the normal protection to which any citizen is entitled. If homosexuals want to exist, let them help each other. Public authorities, public money or laws have nothing to do with it. It's a private behavior of no interest to the collectivity."

For this he was fined 10,000 francs, because France is a pee-cee police state with no free speech, much like the UK.

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^ 6

Re: C'est vrai

profwhat.

Tue Feb 06, 2007 at 10:50:50 AM EST

5.00 (astute, astute, astute)

Families do a lot more for society than just manufacture babies.  They also raise them, and care and look after other family members.  Same-sex couples can't manufacture babies, but they can perform all the other socially useful aspects of family life.  In modern society, we don't have much difficulty manufacturing babies; teenagers are doing it by accident all the time.  It's raising and nuturing them properly that is the challenge.  So basing family status solely on fertility seems pretty arbitrary and stupid, n'est-ce pas?

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Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 01:17:18 PM EST

none

Homosexual 'marriage' has never existed in the entire history of Western Civilization, it's the recent attempt to elevate homosexual unions to equal status with normal marriage which is an excercise in arbitrariness.

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Re: C'est vrai

profwhat.

Tue Feb 06, 2007 at 03:47:18 PM EST

5.00 (brilliant)

Western civilization has recognized same-sex unions only recently, it's true.  But now most of the Western world gives same-sex couples some sort of recognition: you can get some sort of recognition of same-sex unions in all of Western Europe (save the ROI and parts of Italy), marriage in Canada, New Zealand, and the important parts of Australia.  It's even in South Africa now.  That did not happen because of a fluke; Western civilization is based on democracy, logic, and reason, and those forces have prevailed in causing people to re-examine past incorrect notions.

It's outliers like Michigan that are looking arbitrary.  The burden has shifted toward those who claim this is a bad idea to explain why.  Or, you could just move to an Islamic nation.

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Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 04:09:50 PM EST

2.00 (interesting)

Your argument for homosexual unions seems to be "everybody else is doing it". Which is silly.  Since only 5 of those countries have passed entirely equal "gay marriage" laws, so do you also think we should be like them and recognize just civil unions and not full same sex marriage?

"those forces have prevailed in causing people to re-examine past incorrect notions."

What are these "incorrect notions"?

"The burden has shifted toward those who claim this is a bad idea to explain why"

That isn't the case (though I'm capable of doing so), and an amusing claim in light of the passage of anti-homosexual union measures in states such as Michigan and elsewhere.

"you could just move to an Islamic nation."

Or homosexuals could move to South Africa.

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^ 16

Re: C'est vrai

Thalia.

Tue Feb 06, 2007 at 05:21:24 PM EST

5.00 (informative)

Ah, it seems another history lesson is due for Mr. Urkel.  Homosexual relationships were not only recognized, but part of the fabric of society in Greek times.  That was Western Civilization, you know.  

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Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 06:32:22 PM EST

none

There was no homosexual marriage in ancient Greece, and while homosexual relationships between men and boys were tolerated, homosexual relationships between two adult males were often the object of ridicule.

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Re: C'est vrai

Thalia.

Tue Feb 06, 2007 at 07:48:20 PM EST

none

These homosexual relationships involved protecting the younger male, and providing him education, and affection.  Something that sounds awfully marriage-like to me.  At least in the interpretation of this court.

Thalia

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^ 21

Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 09:01:50 PM EST

none

Exchanging sexual favors with older men, usually with some sort of authority over you, starting around 12 and ending (as the Greeks would joke) at the age when you needed to start shaving sounds "sounds awfully marriage-like" to you? You must have an unusual marriage.

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^ 22

Re: C'est vrai

Thalia.

Wed Feb 07, 2007 at 12:45:56 AM EST

none

Primary romantic relationships between unequal partners, where one is older, richer & more educated and dominates the other sounds like most marriages through the ages to me.  And many ended when the woman's childbearing years were over.  So not all that unlike marriage until say 1969, when women's lib started shouting that women are equal to men, and the relationship should be more even.  If you believe that marriage over the last 2000 years was primarily between equals, you are out of your mind.

Thalia

25

^ 24

Re: C'est vrai

Steve Urkel.

Wed Feb 07, 2007 at 02:51:47 AM EST

none

You're right, except for the sodomizing boys part it's exactly the same thing.

"And many ended when the woman's childbearing years were over"

Even if that were the case (it's not), that isn't  like having a man having a purely sexual relationship that lasts at most 4 or 5 years. With a boy.

Quit trying to fabricate history. But then you enjoy fabricating, don't you?

23

^ 19

Re: C'est vrai

tomc.

Tue Feb 06, 2007 at 10:34:11 PM EST

none

Homosexual relationships were not only recognized, but part of the fabric of society in Greek times.

At look at 'em, the lowest standard of living in Europe.

11

^ 6

Re: C'est vrai

shatov.

Tue Feb 06, 2007 at 03:25:08 AM EST

4.00 (astute)

Oh the hypocrisy of it all.

On the one hand, Steve Urkel disapproves of Big Brother involvement in our lives. There should be no gun permits, no restrictions on freedom of speech, etc.

But on the other hand, Steve Urkel lauds politicians who use their elected position to moralise about the private lives of law-abiding, tax-paying, citizens. Religion, with all its many tentacles reaching into every aspect of our daily lives, is a perfectly acceptable bed-fellow for politicians.

So, gun-owning is just fine and dandy, while encouraging monogamous same-sex relationships isn't.

As long as homosexuals pay their taxes, and fulfill their duties as citizens, their private lives are not the business of the government. Civil marriage should not be connected to moral judgments, and the rights of individuals should outweigh the moral outrage of the collectivity.

I feel somewhat like I am the libertarian, and Steve is the intrusive-government advocate.

12

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Re: C'est vrai

zyxwvutsr.

Tue Feb 06, 2007 at 09:07:18 AM EST

none

Steve Urkel lauds politicians who use their elected position to moralise about the private lives of law-abiding, tax-paying, citizens
I wonder if you read the quote. It says, "Public authorities, public money or laws have nothing to do with it. It's a private behavior of no interest to the collectivity."

It seems that you completely agree with both Steve Urkel and Monsieur Vanneste.

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^ 11

Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 01:13:22 PM EST

none

"As long as homosexuals pay their taxes, and fulfill their duties as citizens, their private lives are not the business of the government."

I agree.But it is homosexuals who are calling for governmental recognition, in order to coerce acceptance of their sexual activities.

7

^ 6

Re: C'est vrai

tomc.

Mon Feb 05, 2007 at 10:32:52 PM EST

none

because France is a pee-cee police state with no free speech

No, it's because France is gay.

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^ 7

hoh-hoh

Steve Urkel.

Mon Feb 05, 2007 at 10:52:59 PM EST

none

Très drôle mon ami.

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^ 6

Re: C'est vrai

Thalia.

Tue Feb 06, 2007 at 01:15:13 AM EST

none

Why do public money and laws have something to do with heterosexuality?

10

^ 9

Re: C'est vrai

Steve Urkel.

Tue Feb 06, 2007 at 01:51:40 AM EST

none

Because we live in a society.

This story: 25 comments (5 from subqueue)
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