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The Marriage Amendment in Michigan: What it is, what it will do, and how to stop it

By Jay Kaplan, Staff Attorney, ACLU LGBT Project

{BOLD SENATE RESOLUTION J- Introduced by State Senator Alan Cropsey
HOUSE RESOLUTION U- Introduced by Representative Gary Newell
The language of both the Senate and House Resolutions states:
Only marriage between one man and one woman shall be recognized as valid in this state. No other relationship shall be recognized as a marriage or its legal equivalent by the state, its political subdivisions, or educational institutions under Article VII, regardless of whether such relationship is recognized by the laws of any jurisdiction outside of this state.}

What this means:

Michigan's Constitution would be amended to specifically discriminate against LGBT couples regarding the right to marry. No legal challenges could be brought under State law or Michigan's constitution regarding this prohibition.
Michigan already has two laws that prevent same-sex couples from marrying. Although this constitutional amendment has support among conservative politicians, amending the constitution is a very radical and drastic thing. Constitutions should be amended to expand the rights of individuals, not to single people out for discrimination.
The proposed amendment bans all forms of legal recognition for unmarried couples, both LGBT and heterosexual.
The amendment would prohibit Michigan from having civil unions. It would prevent local governments from providing domestic partner benefits. Cities like Ann Arbor and Kalamazoo, which currently provide such benefits to their employees could no longer do so. The amendment would prevent school districts from offering domestic partner benefits to their employees (both Ann Arbor and Birmingham school districts currently provide such benefits). State colleges and universities would also be prohibited from recognizing domestic partners of both employees and students. Recognition of domestic partners by employers frequently includes health care coverage. Children who live with a gay or lesbian family member will be at risk for losing health care coverage.
Michigan civil rights laws currently prohibit discrimination based on marital status. This protection could be nullified by the constitutional amendment, making it legal for landlords to refuse to rent to unmarried couples, both gay and straight.
The amendment would ensure that LGBT couples, their children, and their families are denied more than 1,000 federal and state benefits and protections.
Among the benefits and protections of marriage are: hospital visitation, inheriting property, child custody and visitation, joint adoption of children and recognition at law of both parents, the right to obtain United States citizenship for partners and children, dependent health care coverage, family and medical leave, social security and government pension plans, and decisions regarding funeral and burial to name just a few.
According to the 2000 United States Census there are more than 15,000 LGBT households in Michigan, living in every county in the State. This number is thought to be underestimated by as much as 62 percent because many people will not identify themselves as LGBT due to the fact the sexual orientation and gender identity/expression discrimination is legal in Michigan. A substantial number of these households are raising children under the age of 18. LGBT families, including intersex spouses, suffer when the law does not recognize their relationships.
The proposed amendment will cost the state money and jobs.
Michigan ranks number 2, as having the most young people move out of the state following graduation from high school and college. Michigan's unemployment rate, currently at 7.2%, is higher than the national average (6.2%). Our state currently has a billion dollar deficit, coupled with decreasing tax revenues. Governor Granholm's recent "Creating Cool Cities" Conference concluded that Michigan must embrace diversity and show tolerance towards gays, immigrants, and artists in order to revitalize Michigan's urban areas and to attract talent, creativity, and jobs. According to Richard Florida, author of "The Rise of the Creative Class," "Gay families are important and the fact is that we can't afford to discriminate against anybody. It hurts employment, which hurts development and all other civic progress."

What you can do:

Contact both your state representatives and senators and tell them how this proposed amendment would hurt you and your family. Our legislators are voted into office by us, and they are supposed to be accountable to us. It is absolutely essential that you, your friends and your family contact the legislature and let them know that this is a bad thing. If enough voices are heard, we can make a difference. See action alert for ways to contact your elected officials.

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