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Michigan Marriage Amendment | |||||||||||||
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Michigan Proposal 04-2[1] of 2004, is an amendment to the Michigan Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 59% of the voters.[2] The amendment faced multiple legal challenges and was finally overturned in Obergefell v. Hodges by the U.S. Supreme Court.
Contents
The text of the amendment states:[3]
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.
Results
| Choice | Votes | % |
|---|---|---|
 Yes
|
2,698,077 | 58.63 |
| No | 1,904,319 | 41.37 |
| Total votes | 4,602,396 | 100.00 |
| Registered voters/turnout | 7,263,024 | 63.36 |
Aftermath
In May 2008, the Michigan Supreme Court held that the amendment bans not only same-sex marriage and civil unions, but also public employee domestic partnership benefits such as health insurance.[5] However, the ruling had little effect since most public employers relaxed their eligibility criteria to not run afoul of the amendment.[6] On June 28, 2013, U.S. District Judge David M. Lawson issued a preliminary injunction blocking the state from enforcing its law banning local governments and school districts from offering health benefits to their employees' domestic partners. He wrote: "It is hard to argue with a straight face that the primary purpose—indeed, perhaps the sole purpose—of the statute is other than to deny health benefits to the same-sex partners of public employees. But that can never be a legitimate governmental purpose". He rejected the state's arguments that "fiscal responsibility" was the law's rationale.[7][8]
On March 21, 2014, a federal judge ruled that Michigan's ban on same-sex marriage is unconstitutional and did not stay the ruling,[9] although the ruling was later suspended.
On November 6, 2014, the United States Court of Appeals for the Sixth Circuit overturned the lower court in DeBoer v. Snyder declaring that:
When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers. Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way. For these reasons, we reverse.[10]
On January 16, 2015, the U.S. Supreme Court granted certiorari to the same-sex marriage cases arising out of the United States Court of Appeals for the Sixth Circuit. Oral arguments were held on April 28, 2015 and a ruling was made on June 26, 2015 allowing same-sex marriage in every state.
See also
- Civil union in the United States
- Domestic partnership in the United States
- LGBT rights in Michigan
- Same-sex marriage in Michigan
- Same-sex marriage in the United States
References
- ^ a b 2004 General Election Results Archived 2007-02-22 at the Wayback Machine, Michigan Department of State. Accessed 19 December 2006.
- ^ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
- ^ Michigan State Constitution, Article I, section 25, Michigan Legislature. Accessed 19 December 2006.
- ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. Archived from the original on July 9, 2013.
- ^ National Pride at Work, Inc. v. Governor of Michigan 748 N.W.2d 524
- ^ "Ruling on same-sex benefits weighed". Mlive.com. May 8, 2008. Archived from the original on November 2, 2013. Retrieved November 2, 2013.
- ^ White, Ed (June 28, 2013). "Mich. ban on domestic partner benefits blocked". Pioneer Press. Retrieved February 18, 2014.
- ^ Lederman, Marty (July 1, 2013). "After Windsor: Michigan same-sex partners benefits suit advances". SCOTUSblog. Retrieved July 2, 2013.
- ^ White, Ed (March 21, 2014). "Judge strikes down Michigan's ban on gay marriage". AP News. Retrieved March 21, 2014.
- ^ Deboer v Snyder et al, 14-1341 (UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT November 6, 2014).
External links
- The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics Archived 2012-03-28 at the Wayback Machine
This page was last edited on 7 September 2023, at 01:56