LANSING, Mich., Feb. 8, 2007

Michigan Court Deals Blow To Gay Rights

Appeals Court Denies Health Care Benefits For Partners Of Gay Public Employees

  • Eastern Michigan University professor Dennis Patrick, top right, spends time with his partner Tom, left, and their adopted children at their home in Ypsilanti Township, Mich., on Feb. 7, 2007. Patrick is one of 21 plaintiffs who sued the state to keep benefits for their same sex partners after Michigan passed an amendment in 2004 its marriage law.

    Eastern Michigan University professor Dennis Patrick, top right, spends time with his partner Tom, left, and their adopted children at their home in Ypsilanti Township, Mich., on Feb. 7, 2007. Patrick is one of 21 plaintiffs who sued the state to keep benefits for their same sex partners after Michigan passed an amendment in 2004 its marriage law.  (AP Photo)

  • Interactive Same-Sex Marriage Debate

    State-by-state coverage, opinions, history, photos and a look at the amendment process.

(AP)  A Michigan appeals court ruling that bans public universities and state and local governments from providing health insurance to partners of gay employees has alarmed gay rights advocates nationwide.

They fear the decision could encourage similar rulings in 17 other states whose bans on gay marriage could be interpreted to prohibit domestic partner benefits for same-sex couples.

Michigan last week became the first state to rule that public employers cannot offer health benefits if the benefits are based on treating same-sex relationships similar to marriage.

"It really is just a matter of time before we start seeing wholesale litigation in this area," said Carrie Evans, state legislative director for the Human Rights Campaign, a gay rights group in Washington.

In Alaska, the only other state to rule on the benefits given to same-sex partners of public employees, the courts ruled the other way, saying it was unconstitutional to deny them.

More than 20 other states have yet to decide how their gay marriage bans apply to same-sex partner benefits.

Dennis Patrick, a professor at Eastern Michigan University, worries that Michigan's ruling will strip his partner's health insurance.

The couple has adopted four foster children, one with a developmental disability, and Tom Patrick works part-time so he can care for them.

"If he has to go back to work full-time, that hurts our family. Or we have to pay for health benefits out of pocket, which hurts our family," Dennis Patrick said. "To me that either demonstrates a lack of understanding of how this can affect our family or other families, or it's just mean and cruel."

He is one of 21 plaintiffs who sued the state. They will appeal to the state Supreme Court.

Twenty-seven states have passed constitutional bans on gay marriage, mostly since 2004 in response to gay marriages being performed in Massachusetts. Eighteen of them, including Michigan, have broader amendments that also prohibit the recognition of civil unions or same-sex partnerships.

Still, Michigan's appeals court decision caught some by surprise.

"This is pretty unprecedented," said Jeffery Montgomery, executive director of the Triangle Foundation, a gay rights group in Michigan. "It just seems like such a needless slam on gay and lesbian families. The health and livelihood of their families is at stake in this ruling."

Conservatives, however, are lauding the decision and say the amendment's wording was clear.

"Since two-thirds of all the marriage amendments are more similar to Michigan's language, who's to say that the Michigan decision won't be the prevailing precedent in the future?" said Gary Glenn, the president of the American Family Association of Michigan who helped write that state's measure.

At least 375 university and government employees in Michigan could be affected by the ruling, according to a survey of public employers by The Associated Press. Numbers weren't available for two school districts and two community colleges.

Up to 20 public universities, community colleges, school districts and local governments in Michigan have same-sex benefits policies. Universities, which employ most of those affected, argue that not being able to offer the benefits would hurt recruitment of faculty and staff.

"A great public university, especially at this time in Michigan, must be inclusive, competitive and welcoming," Michigan State President Lou Anna Simon said.

Other states are examining the reach of their gay marriage bans.

The Ohio Supreme Court is considering whether the state's amendment prevents domestic violence charges against unmarried people. A county judge threw out an Ohio lawmaker's lawsuit challenging Miami University's same-sex partner benefits policy, saying he had no legal standing to sue. But the issue could crop up again.

Three lesbian couples this week sued to force New Mexico to provide health insurance to partners of state retirees. University of Wisconsin officials have said that state's amendment makes it unlikely the Legislature will add health insurance benefits for domestic partners.

Monte Stewart, president of the Utah-based Marriage Law Foundation, which opposes gay marriage, said the benefits issue is likely to stay in state courts for now because advocates don't want the U.S. Supreme Court stripping rights from the gay community.

"It'll depend on the language of each amendment itself, and how broadly or narrowly the amendment should be construed," Stewart said.



© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Add a Comment See all 85 Comments
by oneluffe February 11, 2007 6:40 PM EST
WELL LIBDEMSUCKS... HOW CAN YOU PROCLAIM THAT YOU LIVE THE WAY OF JESUS? JESUS DOES NOT BELIEVE IN HATE. WHAT WOULD JESUS DO? ISN'T THAT WHAT YOU GO BY? WELL LETS SEE...(LOOKING IN MY BIBLE RIGHT NOW) OH IM SORRY MAYBE YOU CAN HELP ME? I DON'T SEE ANYTHING WHERE JESUS SAYS THAT HOMOSEXUALITY IS WRONG! IF THIS WAS SUCH A BIG SORE IN THE EYES OF THE SON OF GOD, HIMSELF, THEN WHY DID HE NOT SAY ANYTHING? NOT ONE WORD WAS UTTERED FROM HIS MOUTH!HE PREACHED LOVE!HE PREACHED LOVE YOUR NEIGHBOR AS YOURSELF(OHH MAN LIBDEMSUCKS NOT DOING SO WELL IN THIS ONE. JESUS MIGHT BE A LITTLE DISAPPOINTED) AND LOVE GOD HIS FATHER(STRIKE TWO LIBDEMSUCKS THAT MEANS YOU ARE TO LOVE GOD NOT BE GOD BY PROCLAIMING WHAT IS ACCEPTED YOUR EYES) LET ME KEEP READING MAYBE I CAN FIND SOMETHING TO JUSTIFY YOUR ACTIONS OF HATE. ALL I SEE IS A LETTER THAT PAUL WROTE TO THE CHURCH IN ROME PROCLAIMING WHAT HE BELIEVED. HOMOSEXUALITY IS WRONG.(ROMANS) BUT PAUL IS NOT GOD(OOPS LIBDEMSUCKS THAT MEANS YOU ARE FOLLOWING MAN BELIEFS NOT GODS) BUT DONT WORRY I WILL FIND SOMETHING. THIS IS YOUR BOOK OF BELIEF AFTER ALL. SO LETS CONTINUE. IT SEEMS THE ONLY THING I CAN FIND IS IN THE OLD TESTAMENT. BUT IT ALSO TALKS ABOUT HAVING MANY WIVES. OKAY I CONFUSED BECAUSE I THOUGHT JESUS(GOD AS MAN) SAID ADULTERY IS WRONG(MATTHEW). SO I AM ASUMING AT THIS POINT. WHEN JESUS CAME IN THE NEW TESTAMENT, HE DENOUNCED THE OLD TEACHINGS OF THE OLD TESTAMENT. SO YET AGAIN, THIS JUDGEMENT BEING PASSED FROM YOU HAS NO GROUND.
Reply to this comment
by February 11, 2007 5:24 AM EST
kellygreen8;

Your brother does not sound like the type of homosexual that I take exception too.

As far as your experiences with prejudice go, I agree that it is wrong and hateful and people should not be treated that way.

The behaviors that I take offense to PROVOKE these prejudices by showing people that the stereotypes that people have heard are true.

I do not hate homosexuals, I just don't want their lifestyle forced on me or my children.

Reply to this comment
by kellygreen8 February 11, 2007 2:17 AM EST
It's ironic, don't you think? If you look at a white man with a black woman, that image in our society used to be defined as sinful and disgusting. Then our society starts thinking and realizes that we are all equal and that wherever love comes from, it is all amazing. You sound so much more like a real person in your last message. One exclusion, heterosexuals and homosexuals should all keep certain things in the privacy of their homes. Heterosexuals should not have any benefits at all over homosexuals. Just like teaching people different languages, cultures, and traditions; homosexuality is a part of this world too and can not be ignored. My brother is a homosexual and he is the most intelligent individual you would ever meet. He has had to put up with people telling him he is disgusting and using such hateful words. I used to go home crying everyday because the kids would even tease me, using hateful words about my brother. He was at near death because the pain was too much. So like I said, you have no idea until you are in that situation and I only hope you will broaden your horizons and try to understand.
Reply to this comment
by February 10, 2007 10:38 PM EST


"HOMOPHOBIC"
"Fear of sameness, monotony or homosexuality or of becoming homosexual."

I don't think so. I don't like monotony, but I'm not afraid of homosexuals - I just dislike some of them.

I'm also not afraid of becoming homosexual. I have led a very satisfying heterosexual life, and not once have I been attracted to another man.

As far as having a fear of sameness, I don't think so either. I am a white male that is in love with a wonderful black woman, and we have a very healthy and satisfying s e x life.

I'm not "homophobic", so if you want to try and label me, I think you should use a more appropriate word.
Reply to this comment
by February 10, 2007 10:26 PM EST


"Could you love another man?"
Posted by kellygreen8:


Of course I could love another man. I just don't want to have *** with him.

Reply to this comment
by February 10, 2007 10:22 PM EST
kellygreen8:

Homosexuals are citizens. They have rights too.

They have a right to practice their sexual behavior IN THE PRIVACY OF THEIR HOMES.

I don't want homosexuals teaching my children that homosexual behavior is NORMAL. It's not!

I don't like to see homosexuals on so many TV shows and movies nowadays. It seems like Hollywood has been dominated by homosexuals over the past 10 years. I don't want to see a woman kissing a woman on primetime TV. I find it revolting.

I don't want to see the courts in this country passing special legislation for homosexuals.
A marriage is a union of man and woman. If homosexuals want to stay together, they can find another name for it. The word "Marriage" is taken.

I don't believe that a homosexual "marriage" (for lack of a better word for it) entitles a same *** partner to benefits based on their "marriage", and obviously the Michigan appeals court agrees with me.

You have a right to your point of view, and so do I

Why do you insist that you are more right than I am?
Reply to this comment
by kellygreen8 February 10, 2007 3:51 AM EST
Could you love another man? So why do you think homosexuals could have an intimate relationship with their opposite ***? But wait, I forgot, it is different, you%u2019re homophobic, and so they can%u2019t be happy like you, they have to pretend to be someone else. They are just like us. Just like skin color, we are all equal.
%u201CMay the next fetus you save be gay%u201D
Reply to this comment
by kellygreen8 February 10, 2007 3:51 AM EST
People like us?
LibDemsSuck,
I only hope that you will have gay offspring so you can begin to understand that love is a feeling not something that should be forced upon anyone. This is not to be taken offensive at all, you see, because being homosexual should not be looked at as sickening. May you love that child and appreciate and value who they are and what the word respect truly means. If you won%u2019t accept our changing society, you will not even begin to accept anyone%u2019s values, cultures and differences but your own. However, maybe you are having trouble figuring out who you are? Live, learn, and love%u2026and each day grow a little bit wiser. Educate yourself by accepting the fact that you do not know it all like you think. Your values and beliefs can be respected only if you begin to respect others. Stop with your comments and actually respect the view different from your own. Would you speak such hateful words if your child was gay? Telling by your words, you do not even have a heart. You do not know what it is like to be in those shoes, and be thankful, because you would not last one day. You are not even half as strong as homosexuals that have to put up with %u201Cunconvinced%u201D and square people like you telling them that they are a mistake.
Reply to this comment
by February 9, 2007 7:15 PM EST
bks59 & kellygreen8;

I don't expect you or people like you to agree with me.

I'm speaking my mind just like you are.
If you don't want to read it, then don't.

I guess we all have the right to disagree.
Reply to this comment
by bks59 February 9, 2007 6:27 PM EST
To LibDemsSuck

I am sort of waiting, and certainly not holding my breath, for something original, intelligent and well thout out.
Reply to this comment
by kellygreen8 February 9, 2007 2:13 PM EST
LibDemsSuck,

All I have to say is that you make the world sad.
Reply to this comment
by February 9, 2007 2:09 PM EST
And LibDemSucks....If you don't want your children to see those types of actions flaunted in your childrens faces, cross the street when you see them or better yet, don't ever come outside...and do you realize if you don't want to see that stuff on tv you DO HAVE THE OPTION OF TURNING THE CHANNEL! Have you never heard of Parental Control...People who try to shelter their children from everything instead of explaining to their children that all people are different and parents who don't sit down and talk with their children about their beliefs, those are the people who end up with their biggest fear!
I hope in the future you learn to deal with your fears!
Posted by reena6


Reena6, If anyone's gonna be crossing the street with their children, It's not gonna be me, sweetheart. If a q u e e r is acting bad enough to sffect my children, I'M gonna be the one telling HIM/HER to leave or stop that behavior.
Seeing 2 *** holding hands and hugging in public is not a sight I will tolerate if children are around.

As far as tv goes, It's getting to the point that turning the channel will probably find you on ANOTHER show with *** being referenced. It's almost a constant thing lately.

It sounds to me that you are trying to arrange a "perfect" world, honey, well ther's no such thing.

I would guess you don't have chilren from your comments. Any mother would know that the solutions you have suggested won't work in the real world.
Keep my kids inside? GIVE ME A BREAK!
Reply to this comment
by February 9, 2007 1:43 PM EST
kevboom:

I expected to be lashed out at, being in the lions den and stirring up the animals. Slow down, honey, don't smudge your lipstick.

The q u e e r s that I have a problem with are the swishy, effeminate type that's in my face trying to tell me he has a right to marry someone of the same ***, collect healthcare benefits because his "hubby" has a job, etc. If this isn't you, then I have no problem with you.

If you are, then I'm painting a target on your head, and I'm going to try and stuff you back in the closet and lock the door.

I ddon't want you teaching my kids. I don't want to see at least one q u e e r on so many TV shows. I don't want to see same-*** couples walking around in public hand-in-hand, and on and on.

And if you don't like it sweetheart, too bad.

You're right though. The world is changing, and I'm gonna do my best to keep your kind in the closet - even if you go back kicking and screaming, honey, because there aren't too many of you, and good, normal people are getting sick of seeing homosexuality flaunted in public, too.

Why do you think courts like the Michigan Appeals Court are handing down judgments the way they do?
They represent the MAJORITY of people in their jurisdictions, and they tend to vote accordingly.

Well, the world is changing honey, and YOUR kind are on the way out. Good riddance.


Reply to this comment
by reena6 February 9, 2007 12:34 PM EST
And LibDemSucks....If you don't want your children to see those types of actions flaunted in your childrens faces, cross the street when you see them or better yet, don't ever come outside...and do you realize if you don't want to see that stuff on tv you DO HAVE THE OPTION OF TURNING THE CHANNEL! Have you never heard of Parental Control...People who try to shelter their children from everything instead of explaining to their children that all people are different and parents who don't sit down and talk with their children about their beliefs, those are the people who end up with their biggest fear!
I hope in the future you learn to deal with your fears!
Reply to this comment
by reena6 February 9, 2007 12:29 PM EST
I am a straight person. I don't condemn anyone for the choices that they make in their life. The only thing that I ask (and mind you that I know quite a few gay people and speak with them on regular basis, my childrens aunts are gay) is that it is not forced upon me and that while around my children that the utmost respect is given to them so please no hanky panky. Do you know that I have been given the utmost respect! I am not understanding why everyone is trying to tell everyone else what to do, how to think, what to eat, don't do this and then have the nerve to throw God into it. If all of these people who are so venhmently againest ***, who constantly try to put God up in it, read their Bible and followed the word anyway, they would know that being gay, be it right or wrong, is that persons choice, and only that person has to answer for themselves...Not all these God-fearing Bible Thumpers. Let people do what they feel like they need to do...Educate them and discuss your beliefs out in the open...Love them...But last I checked, no one on this earth has the right to try and force someone to be who they want them to be just because they want to...And by the way...Please keep God out of it, he made gay people too and I know for a fact that he loves them!
Reply to this comment
by bks59 February 9, 2007 12:21 PM EST
Michigan's Supreme court is made of 3 White women, 3 White men and 1 African American man. What has their voting record been in the past? After the State Supreme cout rules, the only option left is the US Supreme court.

Was it the appeals court ploy to push this bigoted mean spirited issue to the higher court? Rember a decade or so ago Colorado's Amandement 2, that state's supreme court decision stated the people's majority cannot write prejudice into the state constitution.
Reply to this comment
by rray52 February 9, 2007 10:48 AM EST
I%u2019ve been reading so many Pun headlines lately I%u2019m seeing them in headlines were their not ,or are they
Reply to this comment
by skyk-2009 February 9, 2007 10:21 AM EST
It was only a matter of time before one of you came on here and started with the insults.....I figured it would either be mcdazz, RandalDS, or someone like that....but congrats skyk, you take home the trophy for this particular board.
Posted by singinrick at 05:10 PM : Feb 08, 2007

Insults? What's an insult there Sparky? YOU come on here quoting the Bible and telling us all about how we should live and how our morals are out of shape. Now common sense, something you in the Religious Reich have NEVER had, dictates that YOU must have done something, stood for something in that area in the past. I am in your face Sparky BECAUSE I have the good's... I have stood against immoral people and stood FOR what was right. I can PROVE that, YOU can not. That's the difference you pathetic PHONEY! So yeah, everytime you start with your "I'm better than all of you because I can quote from the bible" junk, I'm going to be here challenging you for what you are... a FRAUD! Sorry. Have a good day you PHONEY!!
Reply to this comment
by kevboom February 9, 2007 9:16 AM EST
The only thing that is "offensive" and "revolting" is people like "LibDemsSuck." I'm sure he/she is happy to take the property tax money gay people pay in the millions every year to keep public schools running for their children, but when it comes to asking for a paltry health benefit in return, it's out of the question. This just confirms what everyone knows, Republicans live a double standard, expect everything that will benefit only them, and pay nothing in return. Hypocrisy at its finest, yesterday, today, and tomorrow. Well, the world is changing honey, and your kind are on the way out. Good riddance.
Reply to this comment
by February 9, 2007 6:24 AM EST
oneluffe:

I don't care what you do in the privacy of your own home, but I don't want to see homos flaunting it in my face and in front of my children and on television. You already have the same freedoms and civil liberties that all Americans share, but you want more. You want the legal systems in this country to legitimize your revolting way of life.

As a parent I also have a right - and a duty - to keep offensive behavior from affecting my children.

Homosexuals have been trying for years to legitimize their behavior and attempting to have laws passed for things such as g a y marriages, healthcare for their "spouses", etc. and it's time for people to speak out against the b a s t a r d i z i n g of our institutions.

I will fight these attempts for as long as I live because I don't want homosexual behavior to be regarded as a normal lifestyle choice in America.

You have the right to fight for what you want, and I have the right to try and stop it.

Thankfully, folks like me are still in the majority and our legislators are becoming very aware of that. I applaud the Michigan Appeals court for standing up for decency in their state, and I hope other states take their lead and do the same.
Reply to this comment
See all 85 Comments
  • MOST POPULAR
Discussed
  1. Can the Postal Service be Saved?

    (287 recent comments)

Exclusive Webshow

The road ahead in Afghanistan, and the crucial decision Obama faces.
Watch Now

Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: