Same-sex couples, city officials and MSU administrators are facing an uncertain future as the debate surrounding the recent federal court decision to struck down Michigan’s ban of same-sex marriage continues.
On Monday, University leaders edged toward the possibility of offering same-sex couples full marriage benefits, but cautioned the sticky legal battle surrounding last week's ruling made it impossible to take that leap just yet.
Although a final decision has yet to be made regarding the matter, Director for the Office for Inclusion and Intercultural Initiatives Paulette Granberry Russell said she viewed the ruling as a positive one. However, she said it is not yet clear whether MSU can offer same-sex couples the same benefits as heterosexual couples.
At issue is a provision in Michigan's constitution that defines. marriage between one man and one woman. It bars and any public employer — including the university — from offering identical benefits to same-sex couples.
MSU has offered benefits to couples joined in domestic partnerships before 2004, when Michigan voters approved an amendment to the state Constitution defining marriage as one man and one woman.
“MSU is an employer like any other,” Granberry Russell said. “When you look at the question of benefits recognition or having a diverse campus community, I think this is seen as an affirmation of equal opportunity.”
Although the ban was struck down Friday in U.S. district court, a higher judge issued a stay that halted further marriages and called into question the validity of those that already took place on Saturday.
Despite the stay that was issued, Director of the LBGT Resource Center Deanna Hurlbert is hopeful that same-sex couples will be allowed to marry and have those marriages recognized.
“I think it’s an overwhelming validation — it emotionally validates and encourages LGBT couples,” Hurlbert said.” But it is also distressing to have one’s identity debated in the public sphere. The recent decision is very positive, but the fact that this is even a question, essentially speculating about some one’s humanity and the validation of their family is always very damaging.”
Hurlbert expressed her hope that those associated with MSU would be able to have their own relationships, and the relationships of family members and friends, formally recognized in the near future.
While some officials fight to preserve the state constitution’s definition of marriage, others attempt to preserve the legality of the same-sex marriages performed in Ingham County.
Despite federal court order to eliminate the ban on same-sex marriage in Michigan, Attorney General Bill Schuette and Gov. Rick Snyder attempted to stop those marriages from taking place with the stay, issued March 22. The stay is expected to continue until Wednesday.
Sara Wurfel, Snyder’s spokeswoman, told the Associated Press Sunday that Michigan state agencies will not recognize the marriages performed Saturday until the matter is permanently settled in court.
On Monday, East Lansing Mayor Nathan Triplett and Ingham County Clerk Barb Byrum sent a letter to the Department of Justice asking U.S. Attorney General Eric Holder to recognize the marriages on a federal level.
“I expect the Department of Justice to grant my request that those marriage ceremonies being legal and those couples be awarded whatever the federal benefits they may or may not qualify,” Byrum said.
In the letter,All quotes from letter can be found in a previous SN article, see abstractByrum and Triplett explained that all the marriages complied with Friedman’s order to eliminate the ban on same-sex marriage in Michigan. The two officials also said the marriages were finalized before Attorney General Bill Scuette’s stay was granted.
“We are writing to request that you help lift this pall by declaring that the aforementioned marriages ... will be recognized as lawful and considered eligible for all relevant federal benefits,” the letter reads.
The letter, directed to U.S. Department of Justice Attorney General Eric Holder, uses the Utah case of Kitchen v. Herbert as an example.
“You took similar action to clarify the federal status of marriages you entered into in Utah ... We ask only you do the same for Michigan couples,” the letter read.
Before the stay was issued, clerks in Washtenaw, Muskegon and Oakland counties also issued dozens of marriage licenses for same-sex couples. More than 300 marriage licenses were issued and more than 100 weddings performed statewide.
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