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Friday, November 19, 2004
MICHIGAN PARTNER BENEFITS SHOULD STAY: Jay Kaplan and Kary L. Moss
...For those concerned with keeping gay people from marrying, this state already had a law prohibiting same-sex marriage. The ballot initiative was thus unnecessary. But, as we argued before the election, its passage could do even more. What is unclear is how the amendment's last six words, "or similar union for any purpose," will be interpreted. Will that language also prohibit domestic partner benefits, including health insurance?Proponents of Proposal 2, in public statements throughout the campaign, emphatically stated that this amendment was simply about marriage. Marlene Elwell, chair of Citizens for Protection of Marriage, was quoted as stating, "This has nothing to do with taking benefits away. This is about marriage between a man and a woman." Spokesperson Kristina Hemphill said, "There's nothing in this amendment ... that will erase anything on the books." Even Gary Glenn, of the American Family Association of Michigan, was quoted as saying, "the proposal will not affect benefits offered to people living together or in same-sex relationships." What is frightening is the ambiguity of those six words. Not surprisingly, the day after the election, Glenn contradicted his previous statement. If these words are broadly interpreted by Michigan courts, both heterosexual and same-sex couples (and their children) could lose important health care benefits they currently receive from their employers. ... We know from the people who call us for help that they stand to lose a great deal. For example, one same-sex couple we know -- Dennis and Tom Patrick -- are the parents of three children. Tom works part-time so he can take care of Josh, who is developmentally disabled. Dennis works for a state university that provides domestic partner insurance coverage for their family. Should the university discontinue insurance coverage for Tom, he will need to work full-time and spend less time home caring for his child. ... We will hold Marlene Elwell, Gary Glenn and Kristine Hemphill to their words. Should there be any attempts to take away domestic partner benefits from employees and their families, the American Civil Liberties Union of Michigan will work aggressively to contain the potential damage of this amendment. more |
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