"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.
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