Same-sex marriage

Weekly Political Roundup: Legal challenges to new EM law, and same-sex marriage ban

Jennifer White — Thu, 28 Mar 2013 21:47:26 +0000

Each week we discuss Michigan politics with Susan Demas, political analyst for Michigan Information and Research Service, and Ken Sikkema, Senior Policy Fellow at Public Sector Consultants.

Michigan’s new emergency manager law went into effect today, so we wanted to find out how the new law differs from the one voters overturned in the November 2012 election. And we discuss the legal challenges to the new law. Plus, the Supreme Court is hearing two cases this week centering on same-sex marriage. In Michigan in 2004, voters approved a constitutional ban of same-sex marriage and civil unions. There has been a legal challenge to that ban, but the judge overseeing the case chose to delay his decision until after the Supreme Court makes their ruling.

Listen to the full interview above.

Religious liberties for some, but not for LGBT marriage in Michigan (Part 3)

Lester Graham — Wed, 27 Mar 2013 11:00:00 +0000

Some Michigan legislators have pushed bills calling for religious liberties to be honored through law. But one person’s religious liberty might be another person’s religious suppression.

Much of the debate about same-sex marriage is centered in people’s religious beliefs. The religion with the most followers in Michigan is the Catholic Church. It opposes same-sex marriage.

“Marriage from the Catholic perspective is between one man and one woman because that promotes the creation, the procreation of life,” explained Thomas Hickson, Vice President of Public Policy and Advocacy for the Michigan Catholic Conference.

It should be noted that a survey of Michigan voters last year found the majority of people who identified themselves as Catholic approved of same-sex civil unions or marriage. But that’s not the Church’s official position.

Recently the Catholic Conference announced its advocacy priorities for the current legislative session. Among the religious liberties it intends to defend is a 2004 amendment to the Michigan Constitution. That amendment defines marriage as between one woman and one man. It also bans recognition of similar unions- in other words Michigan cannot grant any of the rights or privileges of marriage to same-sex couples. No adoption rights. No survivor’s benefits. No health insurance for public employees.

But, some other religious organizations view same-sex marriage differently and feel gay, lesbian, bisexual, and transgender people should be treated equally under the law.

Michigan tribe allows same-sex marriage, couple weds

Emily Fox — Fri, 15 Mar 2013 21:35:17 +0000

Two men from Boyne City were the first same sex couple in Michigan to be legally married today.

This came minutes after the Little Traverse Bay Band of Odawa Indians signed a statute to legalize gay marriage within the tribe.

Here's an on-air report I filed with sounds from the ceremony:

The Odawa tribe is the first tribe in Michigan and one of only three in the nation to legalize same sex marriage.

Denise Petoskey with the Odawa Tribe proposed the same sex marriage statute to the tribe last year.

“I’m just really excited and proud to be Odawa and I think it’s amazing and I hope other people take our lead,” said Petosky.

Court decision on Michigan's same-sex marriage ban will wait

Mark Brush — Thu, 07 Mar 2013 15:20:10 +0000

This morning, U.S. District Judge Bernard Friedman heard arguments for and against Michigan's 2004 constitutional amendment that bans same-sex marriage and civil unions.

There was some speculation that Judge Friedman could rule on the case today.

Instead he decided to wait before issuing his decision.

He said he wanted to wait to see how the U.S. Supreme Court rules on two cases dealing with same-sex marriage. Those cases are set to be heard later this month.

MPRN's Rick Pluta was at the hearing this morning and live tweeted the hearing.

Lesbian couple challenges Michigan's same-sex marriage ban

Sarah Cwiek — Sat, 08 Sep 2012 01:18:44 +0000

A lesbian couple from the Detroit suburb of Hazel Park is using an ongoing lawsuit to challenge Michigan’s ban on same-sex marriages.

April DeBoer and Jayne Rowse are jointly raising three special-needs children, who initially came to them through the foster care system, since birth. They’ve already filed suit in federal court, challenging the state code that forbids unmarried couples from adopting.

Visualization of gay rights and restrictions in U.S.

Mark Brush — Thu, 10 May 2012 20:26:57 +0000

The rights of gay and lesbian Americans leaped into the national spotlight again after President Obama came out in favor of same-sex marriage. He made the announcement a day after North Carolinians voted to become the 30th state in the U.S. to place a ban on same-sex marriage.

Michigan voters banned same-sex marriages in 2004.

Some states have done the opposite. They've passed laws expressly allowing same sex marriages.

And then there are laws on adoption. Some states allow same-sex couples to adopt jointly. Other states have banned the practice.

Laws restricting and protecting gay Americans vary widely from state to state. There are laws regarding hospital visitation, employment discrimination, housing discrimination, hate crimes, and harassment in schools.

The national picture on gay and lesbian legal rights and restrictions is jumbled and difficult to explain.

But a unique form of journalism - data visualization journalism - can help bring light to the overall picture.

That's just what The Guardian has done with U.S. state laws that address gay and lesbian issues.

In one look, you can see which states have adopted laws protecting the rights of gays and lesbians, and which states have passed laws restricting their rights.

The Guardian's color wheel shows that in the Midwest, Iowa stands out legislatively as a "gay friendly" state, while states like Michigan would decidedly not be seen that way.

Michigan, Mississippi, and Utah are the only states that expressly ban same-sex marriages and joint adoption by same-sex couples.

Take a look at their color wheel and let us know what you think of it.

HT to GG

Contrasting Michigan policy, Toledo mayor considers domestic partner benefits

Michigan Radio Newsroom — Fri, 27 Apr 2012 19:40:00 +0000

Late last year, Michigan Gov. Rick Snyder signed a controversial law barring many live-in partners of state employees from receiving government health benefits. Snyder and some members of the state legislature cited cost as the primary reason behind the ban. But critics of the law, including the ACLU of Michigan, said the law unfairly targeted same-sex couples.

Now, just south of the border, things might be moving in the opposite direction.

According to a story in the Toledo Blade, the city's Mayor Mike Bell is planning to bring legislation concerning domestic partner benefits before the city council. The measure would give Toledo city employees the opportunity to extend their health care benefits to cover their live-in partners, provided couples sign up for the city's Domestic Partner Registry.

Tribe considers recognizing same-sex marriages

The Associated Press — Wed, 21 Mar 2012 15:31:37 +0000

HARBOR SPRINGS, Mich. (AP) - The Little Traverse Bay Bands of Odawa Indians' tribal council is considering a constitutional amendment that would recognize same-sex marriages.

The Petoskey News-Review and WPBN-TV report the American Indian tribe would be the first in Michigan and among a few nationwide to legalize gay marriages if the amendment is adopted.

Most of the about 4,000 people in the tribe live in Michigan's northern Lower Peninsula. If the measure is approved, at least one of partner would have to be a member of the tribe. The idea was initially encouraged by two tribal citizens in a letter to the tribal council urging consideration of an amendment.

The proposal currently is in a public comment period. The current tribal constitution defines marriage as between "one man and one woman."

Court rejects AG attempt to end partner benefits

Rick Pluta — Thu, 20 Oct 2011 12:25:23 +0000

A court has thrown out a lawsuit by Michigan Attorney General Bill Schuette. Schuette wanted to block a new policy that allows unmarried state workers to put live-in partners on their insurance plans.

The attorney general went to court after attempts by Governor Rick Snyder and Republicans in the Legislature failed to halt the new benefits for unmarried live-in partners - which includes people in same-sex relationships.

The independent state Civil Service Commission earlier this year approved contracts with state employees that allow live-in partner benefits. The court said the commission acted within the scope of its authority when it approved the contracts. But it’s not settled that state employees will be able to continue to list domestic partners and their children as dependents on their benefits plan. The attorney general could appeal the court ruling.

A state Senate committee has also approved legislation that would ban public employers - such as the state, school districts and universities - from offering contracts that allow unmarried partner benefits.

Courts say same-sex partners do not have custody rights

Rick Pluta — Tue, 26 Jul 2011 13:04:35 +0000

The state Supreme Court has refused to take the case of a lesbian woman who wants the right to visit the children she helped raise with her ex-partner.

The court’s decision lets stand a lower court ruling that same-sex partners do not have custody rights in Michigan.

Renee Harmon and Tammy Davis were together for 19 years, and during that time started a family together. Davis served as the biological mother via artificial insemination to their three children. After the relationship broke up, Harmon was denied visitation and sued for parenting time.

Michigan does not recognize same-sex relationships - nor does it allow unmarried couples to adopt.

The Michigan Court of Appeals ruled Harmon lacked the legal standing to sue.

The state Supreme Court allowed that decision to stand by refusing to take the case.

The court divided on party lines in its decision. Republican majority voted not to take the case. Democrats said the court should.

In her dissent to the order, Justice Marilyn Kelly wrote the case raises so many questions regarding the state constitution and parents’ rights that it “cries out for a ruling from the state’s highest court.”

New law clears the way for gay marriage in NY

Kyle Norris — Sat, 25 Jun 2011 17:19:59 +0000

Democratic Governor Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings beginning in 30 days.

House effort fails to reject partner benefits

Rick Pluta — Thu, 14 Apr 2011 19:59:40 +0000

State House Republican leaders failed to muster enough votes to reverse health benefits for the live-in partners of state employees. The new policy will treat unmarried employees with live-in partners the same as married employees, and it will apply to people in same-sex relationships. A two-thirds majority vote isrequired to reverse the contracts approved by the state Civil Service Commission.

GOP lawmakers said the Civil Service Commission decision undermines “traditional families” and violates the intent of a voter-approved amendment that bans same-sex marriage and civil unions in Michigan.

House Speaker Jase Bolger says he is looking for other avenues to block the new policy from taking effect October first.

"I’m going to continue to explore the legality of their decision. I believe they made an end run around the constitution. I’m not an attorney, but I’m going to consult with attorneys to see if something can be done about their illegal decision,” Bolger said.

Democrats say the Legislature should not rescind agreements collectively bargained with state employee unions.

State Attorney General Bill Schuette has also been asked for an opinion on whether state employee live-in partner benefits violates Michigan’s same-sex marriage ban.

State Senate votes to reverse unmarried partner benefits

Rick Pluta — Thu, 10 Mar 2011 12:40:47 +0000

The Michigan Senate has voted by a super-majority to reverse a state Civil Service Commission decision that would allow unmarried state employees to claim domestic partners on their health insurance.

Earlier this year, a state employment panel approved unmarried partner benefits that would include people in same-sex relationships and their dependents.

Republican state Senator Mark Jansen says the state can’t afford it – and voters have already spoken about domestic partner benefits by refusing to recognize same-sex marriages or civil unions.

“This is about economics. This is about our budget. This is about getting Michigan back on track."

But, Democratic state Senator Rebekah Warren says rejecting domestic partner benefits would hurt children.

“Families are always stronger when health insurance is accessible to everyone in the household.”

The measure now goes to the state House, where Republicans will have to muster a two-thirds majority vote to reverse the policy. Otherwise, state employees will be able to claim unmarried partners on their benefits starting October first.

Snyder administration wants legislature to undo 'live-in partner' benefits

Rick Pluta — Fri, 18 Feb 2011 21:23:03 +0000

Governor Rick Snyder has asked the Legislature to reverse an employment panel’s decision to allow un-married state workers to claim their live-in partners on their benefits.

The governor’s letter gives the Legislature 60 days to overturn the state Civil Service Commission’s decision. Reversing the independent Civil Service Commission will require two-thirds majorities in the House and the Senate. Both are controlled by Republicans, but getting to the necessary super-majorities is not guaranteed.

Commission approves partner benefits over Snyder administration objections

Rick Pluta — Wed, 26 Jan 2011 21:35:21 +0000

Most state employees will be allowed to carry their live-in partners on their health insurance benefits starting October first.

The state Civil Service Commission has approved domestic partner benefit agreements with two public employee unions and non-unionized state workers.

Governor Rick Snyder’s administration objected to the Civil Service Commission’s adoption of the policy because of the added cost.

The agreements were worked out between state employee unions and Governor Jennifer Granholm’s administration before she left office. The new rules will cover 70% of all state employees, although just a small fraction are expected to file the affidavit for unmarried partner benefits.

Unmarried partners who’ve lived with a state employee for a year or more and their dependents will be eligible.

The rules apply equally to same-sex partners and male-female couples. Courts have ruled that is the only way public employers such as universities, cities or the state can offer benefits to the partners of gay and lesbian employees without running afoul of Michigan’s ban on same-sex marriage and civil unions.