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 Court Of Appeals Voids Michigan Domestic
Partner Benefits
by 365Gay.com Newscenter Staff
Posted: February 2, 2007 - 11:00 am ET
(Lansing, Michigan) The Michigan Court of
Appeals ruled Friday that the state's constitutional amendment banning same-sex
marriage prevents public institutions from providing benefits to same-sex
partners of employees.
"We strongly disagree with the court's
decision today and plan on appealing to the Michigan Supreme Court," said
Kary Moss, Executive Director of the ACLU of Michigan.
"It was never the intention of Michigan
voters who approved the marriage amendment to take health care benefits away
from Michigan families."
Soon after the amendment was passed in 2004 Gov.
Jennifer Granholm (D), acting on the advice of Attorney General Mike Cox
(R), terminated domestic partner benefits that had been won by state unions.
Cox also directed University of Michigan and
Wayne State University and the city of Kalamazoo to shut down their benefits
programs to same-sex couples.
Twenty-two same-sex couples filed suit against
the state in March. One partner of each of the 22 couples works for the state of
Michigan.
Although Granholm removed the benefits from the
contracts she disagreed with Cox's interpretation of the amendment and in July
she entered the case on the side of the gay couples.
Cox was obligated to argue the case against
benefits as Attorney General.
In September 2005 Ingham County Circuit Judge
Joyce Draganchuk said health care benefits are benefits of employment, not
marriage (story)
and Cox's office appealed.
The three-judge Court of Appeal panel overturned
Draganchuk's ruling.
The constitutional amendment defines marriage as
the union between a man and a woman and is the only agreement that can be
recognized as a marriage "or similar union for any purpose."
It was those six words that led to the legal
battle.
"The marriage amendment's plain language
prohibits public employers from recognizing same-sex unions for any
purpose," the court said.
©365Gay.com 2007
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