February 2, 2007
FOR IMMEDIATE
RELEASE
CONTACT:
media@aclu.org DETROIT - The
American Civil Liberties Union today expressed deep disappointment over the
Michigan Court of Appeals ruling that the state’s marriage amendment prohibits
public employers from offering domestic partner benefits.
"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."
The decision, which is dated February 1 but was not made
public until this morning, overturns a ruling by Judge Joyce Draganchuk that
public employers may offer domestic partner benefits without violating the
marriage amendment. The lower court decision was appealed by Attorney General
Mike Cox, who intervened as a defendant.
When voters passed the
amendment in November 2004, they were told that it would not impact domestic
partnership benefits that provide health coverage for same-sex couples. The ACLU
argued that a public employer voluntarily offering benefits to same-sex domestic
partners did not in turn create a marriage.
"Providing health
insurance to same sex domestic partners is vastly different from recognition of
a marriage and the over one thousand benefits and rights that marriage confers,"
the ACLU argued in the appeal brief.
Furthermore, the two groups
that lead the campaign for passage of the amendment, Citizens for the Protection
of Marriage and the American Family Association of Michigan, both insisted that
the language concerned "marriage only." Campaign director Marlene Elwell,
according to published reports, said: "This has nothing to do with taking
benefits away. This is about marriage between a man and a woman."
"After today's decision, many men and women in Michigan with
children now stand to lose their benefits," said Deborah A. Labelle, Lead
Cooperating Attorney for the ACLU of Michigan. "We must assure LGBT families
that they are protected and will have access to health care. We urge Michigan
not to treat them as second class citizens."
In April 2005, the
ACLU of Michigan filed the lawsuit on behalf of 21 families in Ingham County
Circuit Court seeking a declaratory ruling that Proposal 2, which amended the
Michigan Constitution to prohibit marriage for same-sex couples, allows public
employers to offer health care insurance as domestic partner benefits to lesbian
and gay families.
The 21 families are represented by
Labelle; Jay Kaplan, ACLU of Michigan LGBT Project Staff Attorney; Michael
Steinberg, ACLU of Michigan Legal Director; Moss and ACLU of Michigan Fund
Cooperating Attorneys Thomas P. Wilczak, Barbara Eckert Buchanan, Kurt A.
Kissling, Amanda J. Shelton, Roderick M. Hills, Jr. and Nancy S.
Katz.
To read the Michigan Appeals Court decision, go to
www.aclumich.org/pdf/marriageamendmentopinion.pdf
To read Judge Draganchuk's decision, go to
www.aclumich.org/pdf/briefs/dplawsuitdecision.pdfTo
read more about National Pride At Work v. Granholm, including the legal
documents, go to www.aclumich.org/modules.php?name=News&file=article&sid=426
