Attorney General loses request for injunction

LANSING – On Monday, Oct. 31 the Michigan Court of Appeals granted Attorney General Mike Cox's request to delay a lower court's decision on the legality of domestic partner benefits offered by public employers until the Appeals Court can decide the issue. In September, Ingham County Circuit Judge Joyce Draganchuk ruled that public-sector employers can offer domestic partner benefits without violating an anti-gay marriage ban approved by Michigan voters nearly a year ago. Cox is appealing Draganchuk's ruling.
"We think that the court of appeals was wrong for granting the attorney general's motion for a stay, but even with that stay it didn't change anything," said Jay Kaplan, staff attorney for the ACLU of Michigan's LGBT Project.
"This wasn't a decision on the merits of the case, this wasn't a decision saying employers couldn't offer domestic partner benefits," added Kaplan.
"What this means is that Governor Granholm and the City of Kalamazoo can move forward in offering health insurance coverage and other benefits to state employees, their domestic partners and children as the case is being appealed," said Kary Moss, ACLU of Michigan's executive director.
In addition to requesting a stay of Draganchuk's ruling, Cox also requested an injunction to halt the provision of benefits. That injunction was not granted.
"I think it's important to look at what this court didn't do," Kaplan said, "They did not grant Mike Cox's request that Jennifer Granholm and the city of Kalamazoo be prevented from offering domestic partner benefits."
"This development, while frustrating and somewhat disappointing, should not be seen as any sort of setback or problem," said Jeffrey Montgomery, executive director of the Triangle Foundation. "The Appeals Court simply states that the ruling will not go into immediate effect. Entities that were offering benefits before the Circuit Court ruling can continue to do so and the Governor can and should go forward with plans to seek approval for domestic partner benefits from the Civil Service Commission. We are as confident as ever that when the Appeals Court hears the actual case that Judge Draganchuk's reasonable and very sound decision will be upheld and we can all move forward and do the right and decent thing."
Cox, a Republican, issued an opinion in March that the constitutional amendment banning marriage for same-sex couples passed last November also prohibits Kalamazoo and other public employers from providing benefits to the partners and children of same-sex couple in future contracts. But Gov. Granholm, citing Draganchuk's decision, wants the state Civil Service Commission to approve the benefits for state employees.
"The real problem in all of this is Mike Cox and his obsession with punishing lesbian and gay couples and his general antagonism toward gay and lesbian equality," said Montgomery. "He is pandering to an extreme fringe of radicals rather than the majority of Michigan citizens who believe that the health and safety of families is a core value for everyone in Michigan."
The appeals court also sped up its consideration of the appeal. According to the ACLU of Michigan, legal briefings are due by the first week of December and a decision of the appeal could be issued by the end of the year. "We believe that Judge Draganchuk's decision will be upheld," said Kaplan.
Additional reporting by The Associated Press.