An Ingham County,
Mich., judge ruled Tuesday that Michigan's ban on
same-sex marriage does not prevent public employers from
providing health insurance to partners of gay
employees. Ingham County circuit judge Joyce
Draganchuk said health care benefits are benefits of
employment, not marriage. "Today's ruling affirms what
we've believed all along--Michigan voters never
intended to take health insurance away from families,"
said Deborah LaBelle, an attorney for the American Civil
Liberties Union of Michigan.
A constitutional
amendment approved by voters last year made the union
between a man and a woman the only agreement recognized as a
marriage "or similar union for any purpose." Those six
words led to debate as to whether the amendment
prohibited universities and governments from giving
benefits to same-sex partners of gay employees. Republican
attorney general Mike Cox issued a legal opinion in March
saying the measure prohibited domestic-partner
benefits in future contracts.
But Draganchuk
said the stated purpose of the amendment was to secure and
preserve the benefits of marriage. "Health care benefits are
not among the statutory rights or benefits of
marriage," the judge wrote. "An individual does not
receive health benefits for his or her spouse as a
matter of legal right upon getting married." (AP)
