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Calif. Prop 8 trial might affect Mich. laws

January 12, 2010

A trial to determine the constitutionality of California’s same-sex marriage ban began Monday and its repercussions could change marriage laws nationwide, experts said.

The court is considering the validity of Proposition 8, a constitutional amendment passed in California in November 2008 that restricted the definition of marriage to opposite-sex couples.

Because of the controversial nature of the case, it is expected to become a landmark case that could eventually be heard by the U.S. Supreme Court, said Brent Bilodeau, director of MSU’s Lesbian, Bisexual, Gay and Transgender Resource Center.

“Regardless of the outcome in California, it is highly probable that the case will make its way to the Supreme Court,” he said. “If Perry vs. Schwarzenegger succeeds there, it could mean that gay marriage would not only be permitted in California but in every state in the nation including Michigan.”

And while the issue is debated in California, House Speaker Pro Tempore Pam Byrnes, D-Lyndon Township, is trying to put Michigan at the forefront of same-sex marriage laws.

Byrnes introduced a package of bills in the Michigan House that would repeal the state’s ban on same-sex marriage.

“I’d like to make Michigan move on this before some of the other states,” she said.

Byrnes said her amendment also would help Michigan’s economy.

“You find that places that accept same-sex marriage have more progressive young people living and working in those communities,” she said. “It isn’t only a moral protection issue, it’s an economic issue, as well.”

International relations and comparative cultures and politics sophomore Sean Watkins said he has gay friends who plan to travel out of the state or the country to get married.

“A heterosexual man and woman can get married anywhere they want, yet for a homosexual person they have to travel far away,” he said. “If I had a partner I wouldn’t want to live where I can’t get married.”

But in 2004, Michigan citizens voted to define marriage between a man and a woman and state Rep. Dave Hildenbrand, R-Lowell, said there is no need to amend what voters have already decided.

“I would strongly support keeping that language in the constitution the way it is,” he said.

Byrnes said she hopes to schedule a hearing with the House Judiciary Committee sometime in February for the consideration of the bills.

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