Feb. 2, 2007
The Michigan Court of Appeals ruled this past Friday that public universities and state and local governments providing health insurance to the partners of homosexual employees would be in violation of the state constitution. In its ruling, the Court opined that the voter-approved gay marriage ban passed in 2004 applies not only to gay marriage itself but also to benefits of partners. The Court stated, The marriage amendments plain language prohibits public employers from recognizing same-sex unions for any purpose.
This, of course, is very encouraging news for the conservative community and is indicative of prevailing public opinion towards affording gay unions the same legal status as marriage between a man and a woman. The majority of Americans does not now support nor has it ever supported the legal elevation of gay unions to equality with marriage. Finally, we see a state court standing firm in its obligation to uphold its constitution, and we see a respect for the results of the democratic process in this case, the passage of the 2004 voter-approved ban on gay marriage.
What is even more auspicious than the ruling itself is the emphatic language used by the three judge panel in handing down its decision: The protection of the institution of marriage is a long-standing public policy and tradition in the law of Michigan. One might truly say that in the battle over the foundational unit of American society the family we can see the fight turning in our favor.