Revisiting Michigan's Ban on Gay Marriage

According to the Associated Press, the California Supreme Court this week overturned a state law that banned gay/lesbian marriage, thrusting the issue once again into the national spotlight. According to an editorial in the Detroit Free Press, the introduction of a proposal that would amend the California Constitution -- a move already undertaken by Michigan in 2004 -- limits the viability of the Supreme Court ruling, making it an empty exercise. That's true, however, only if the proposed amendment to the California Constitution is in fact adopted. California often breaks new ground. For instance, California was the first state to strike down a ban against inter-racial marriage in Perez v. Sharp in 1948, and the rest of the nation eventually followed.

Even if California adopts an amendment and the ruling only has a temporary effect, in the wake of so many states taking action to ban gay marriage, it reminds us that there is another point of view -- and we may need the reminder.

Last week, the Michigan's Supreme Court made a ruling of its own that interpreted Michigan's marriage amendment, finding that it went well beyond defining "marriage" in the state. In fact, the Michigan Supreme Court found that the amendment barred public employers from providing health care benefits to partners of gay and lesbian employees. The Michigan Supreme Court relied on the amendment's prohibition of a "similar union [to marriage] for any purpose" language for its decision.

Given the fact that Michigan's governor supports gay marriage, the 2004 amendment passed by a relatively narrow margin (59 percent), and the long-reaching effect of the amendment as demonstrated in the recent Michigan Supreme Court decision, do we as a state have any regrets? The ruling makes Michigan one of the most conservative states on the issue. Is this who we really are?

Would you vote for the amendment today knowing it went beyond defining marriage and would be used to bar civil unions and partners and children of gays/lesbians from receiving health care benefits? Revisiting Michigan's Ban on Gay Marriage
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