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The Rights, Responsibilities, and Benefits of Marriage

by: rich

Wed May 07, 2008 at 21:21:49 PM EDT


Today our state’s Republican-controlled Supreme Court ruled 5-2 that public entities must implement the broadest possible interpretation of the most odious amendment in Michigan’s constitution, the marriage amendment;

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

The court stated that no public entity (university, town, county, etc.) may provide benefits to the same-sex partners of its employees.

rich :: The Rights, Responsibilities, and Benefits of Marriage

The majority of justices appear to believe that merely giving health insurance to a partner is the same as legally recognizing a marriage. As if marriage automatically bestowed health insurance. As most people know, it doesn’t. But five justices on our state’s Supreme Court, led by the neanderthal intellect of Chief Justice Cliff Taylor, think that is how it works.

This is yet another push by Conservatives to move Michigan back to some Shiny Non-Existent Era, before that devil’s music Rock ‘n Roll shoved aside the manly swank of Frank Sinatra, the cool wit of Cole Porter, and the grace and power of composers Aaron Copland and Samuel Barber.

We’re talking about a magical post-WWII time. But before the Civil Rights movement. Before Vatican II. Before the Anti-War movement. Before the Women’s movement. Before the Gay Rights movement. Before Showtime and HBO. Before the Internet. We’re talking about the enlightened period of American History known as the McCarthy Era.

Some people would rightfully call the bigoted mindset behind this court decision as “regressive.” In my old Chicago suburb we would’ve called it “backwards-ass,” as in “What kind of backwards-ass idea is that?”

Even if public institutions find ways to extend benefits to the partners of employees without running afoul of the state constitution, this amendment and, even more so, the backwards-ass court interpretation of it erect a wall between heteros and LGBT people. Heteros get all the rights, responsibilities, and benefits of marriage but LGBT people and their families are left wholly without them and more.

I’ll leave you with this excerpt from the lucid dissent, written by Justice Marilyn Kelly and also signed by Justice Michael Cavanaugh (aka The Two Who Got It Right),

The employer benefit programs at issue do not grant same-sex couples the rights, responsibilities, or benefits of marriage.  The most that can be said is that the programs provide health-insurance coverage to same-sex partners.  But health coverage is not a benefit of marriage. Although many benefits are conferred on the basis of the status of being married, health benefits are not among them. Notably absent is any state or federal law granting health benefits to married couples. Instead, the health coverage at issue is a benefit of employment. And the fact that the coverage is conferred on the employee’s significant other does not transform it into a benefit of marriage; the coverage is also conferred on other dependents, such as children. 

 

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I recall that (4.00 / 2)
   the mouth-breathers who pushed this vile amendment vehemently denied that they wanted to take benefits away from anyone; they were merely doing God's will in defending the sanctity of marriage.

  Yeah, right. Did anyone really doubt that this was their intention all along? To punish gay people for, well, being gay?

   


nope... (0.00 / 0)
I never doubted that the Catholic Church in Michigan (the main funders of this terrorism against a minority group) wanted gays to be abolished and extinct.  As such, I avoid giving a penny to any charity that ends up in the hands of Catholic organizations because I do not want to fund the terrorists.  I will never forget.  

[ Parent ]
In my Chicago suburb... (4.00 / 3)
we called it "ass-backwards!"

Aren't linguistic variations fascinating? I wonder how many miles apart we were in the 'burbs.

But seriously...the rights, responsibilities and benefits of marriage are available to gay and lesbian couples in just one state, Massachusetts. Yet even there, those provisions do not attain federal recognition.

Health benefits are just one goody people link with marriage. Don't forget pensions, inheritance, adoption, community property, hospital visitation and more. It isn't that these things are direct benefits of marriage, but they are customarily provided to married people in order for society to affirm families. So, yes, it seems some Michigan families matter more than others.

Michigan's constitution now enshrines in law heterosexual privilege. Michigan's gay and lesbian families have some tough decisions ahead. Do we love Michigan enough to stay even when the laws discriminate? Even when other more progressive states offer recognition and protection for our families?  My hunch is that, just as in 2004, people will leave. And that will be Michigan's loss.


I heard... (0.00 / 0)
"ass-backwards" a lot, too. And for a city whose dialect mangles the English language and is known for its medieval style of politics, city employees are still offered domestic partner benefits.

I can't say I blame LGBT people for leaving Michigan. Unfortunately, the Right has been very successful here in making life difficult for them. It looks like our only hope is for some kind of ballot proposal to undo that marriage amendment.  


[ Parent ]
Unfortunately (0.00 / 0)
LGBT people leaving Michigan is exactly what these  rightwingassholes want.    

The end of the human race will be that it will eventually die of civilization.

 - Ralph Waldo Emerson


[ Parent ]
Adds a whole new meaning to "Pure Michigan" (4.00 / 3)


[ Parent ]
Greener Pastures (4.00 / 1)
Personally, when my partner is finished with school we are going to be taking a hard look at places we want to live, and right now Michigan is not even on the list.

Especially considering that Canada is right over the border, it is beyond ludicrous that Michigan has become pretty much the worst state in the country in terms of LBGT rights. A certain political block is so reflexively anti-gay that we cannot even pass legislation against bullying for crying out loud.

(Angry venting done...)


[ Parent ]
Repeal the amendment soon (4.00 / 1)
while there are still progressives left in the state.  I'm not LGBT but I don't want to live in such a repressive state.  My hope is that one day, Gary Glenn will find out the true intention of God, what real love is, and how we are supposed to care for one another -- regardless.

I might add that Mr. Glenn and others strain my Godliness to the maximum, but if anyone stood in the need of prayer, it's him

hb


Repressive AND stupid -- what a combo! (4.00 / 2)
I'm not a lawyer, but it seems to me that if an entity offers health care coverage to cohabiting hetero couples (who have chosen not to marry), how can they legally deny it to cohabiting LGBT couples (who can't get married thanks to a medieval law)?  

Smells like a lawsuit to me...


Sigh. (4.00 / 3)
Yet ANOTHER reason to work harder on the Universal Health Care ballot measure.

Honestly though -- I'd prefer we didn't accumulate any more reasons why we need this amendment.


Shiny magic time (4.00 / 2)
before that devil's music Rock 'n Roll shoved aside the manly swank of Frank Sinatra, the cool wit of Cole Porter, and the grace and power of composers Aaron Copland and Samuel Barber.

Hate to point this out, but right in the middle there? Cole Porter? Gay gay gay. And interestingly enough, even before women's liberation, both of my grandmothers worked.

So what do we want? A society that addresses reality with reasonable laws? Or a society that tries to recreate an imagined noble past due to fear of something called "relativisim"?

Rome is coming to mind, for some reason.


Gay (4.00 / 2)
So were Aaron Copland Samuel Barber. That was me being ironic.

[ Parent ]
Irony? (4.00 / 2)
I don't understand what you're talking about. :-)

Sorry, shall not comment before coffee ever again.


[ Parent ]
No worries, Joan! (4.00 / 1)
I'm a member of the Vast Homosexual Conspiracy and I didn't know Aaron Copland was gay (and I still have no idea who Samuel Barber is).

[ Parent ]
Barber... (4.00 / 1)
wrote the opera "Vanessa." His most famous piece of music is "Adagio for Strings." It was played at FDR's funeral. It's also been used in countless movies and for other solemn occasions. It's an incredibly moving piece of music.

Copland wrote "Hoe-Down" for the ballet "Rodeo." It's the music that everyone has heard used in those "Beef, It's what's for dinner" commercials. Which, well, I'll let you all make up your own jokes. ;)


[ Parent ]
Why We have to Defeat Cliff Taylor (4.00 / 1)
This ruling by the Court is just another example of the legally illogical reasoning of this Supreme Court.  I call them "The Best Court Money Can Buy".

The obvious partisanship is so pervasive that even extremely convservative jurists (Hon. Dan Ryan - U.S. -6th Circuit Ct. of Appeals) has reprimanded this Court for its outcome determinitive rulings.

Lets identify a viable candidate and get behind her/him!!



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