Partner Benefits

Current Status: Not yet introduced.

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Talking Points

In 2004, Michigan voters approved the “defense of marriage” initiative Proposal 2, which reads:

“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.”

At the time Proposal 2 was adopted, many public employers were offering same-sex domestic partner benefits. After its passage, Governor Granholm convinced the unions to put a hold on these benefits, stating there was a “legal cloud” over the current contracts.

Although supporters of Proposal 2 had assured the public that the passage of the amendment would not affect domestic partner benefits, Michigan Attorney General Mike Cox wrote an opinion that same-sex benefits are now in violation of Michigan’s Constitution.

Even though the Ingham County Circuit Court held that the amendment “does not prohibit public employers from entering into contractual agreements with their employees to provide domestic partner benefits,” the Michigan Court of Appeals in 2007 overruled the circuit court and eliminated benefits for same-sex couples that work for public entities.

Additional Resources
Legal Documents from Protect Our Families	http://protectmifamilies.org/teir.php?page=8