Public universities and governments can't
provide health insurance to the partners of gay employees without
violating the state constitution, the Michigan Court of Appeals ruled
Friday.
A three-judge panel said a 2004 voter-approved ban on gay marriage also
applies to same-sex domestic partner benefits.
"The
marriage amendment's plain language prohibits public employers from
recognizing same-sex unions for any purpose," the court said.
Said the Court: "We feel constrained to observe at the outset that this
case is not about the lifestyle or personal living decisions of
individual citizens. Rather, it is about whether the marriage amendment
may permissibly impose certain limitations on the state and its
governmental subdivisions."
This is a reversal of a 2005 ruling saying that partners could receive
the benefits.
In a comment to the ruling, Jeff Montgomery of the gay advocacy group
Triangle Foundation said: "This ruling will result in families being
robbed of their health care and other basic necessities that are
fundamental to protecting their well-being."
An appeal before the Michigan Supreme Court is likely.
"The
marriage amendment's plain language prohibits public employers from
recognizing same-sex unions for any purpose," the court said.
The Hunk
