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Bill passes denying public employers' right to give benefits to domestic partners

December 22, 2011

In a move that defied the views of other Republican leaders, Gov. Rick Snyder signed a bill Thursday that some have said would strip public universities of the right to offer benefits to domestic partners.

Other public employers, such as the city of East Lansing, will not be allowed to offer benefits to domestic partners, including same-sex couples.

While the governor signed the bill with the intention that public universities are not included in the language — contrary to the interpretation from House Republicans — it still is unclear how the law will be carried out.

Republican lawmakers, who passed the legislation in a party-lined vote, have said the legislation is aimed to save as much government money as possible.

The final interpretation of the bill might rest on a court case, paving the way for further disagreement among Republicans and leaving hundreds of employees at state universities in limbo.

In a letter to the legislature following the signing, Snyder praised lawmakers for removing a specific reference to university employees, insisting they are not included in the law.

“I am gratified that the legislature removed the definition of public employer from the bill, which included institutions of higher education,” Snyder said in the letter, adding the provisions do not extend to university or civil service employees.

How the law plays out will affect what could be hundreds of employees at MSU. The university has long-offered benefits to domestic partners, including same-sex couples.

Speaker of the House Jase Bolger, R-Marshall, declined Thursday to comment on whether he accepted the governor’s interpretation. Bolger spokesperson Ari Adler repeated the bill is aimed to cover all employees under the Michigan constitution, but would not specify if that included universities.

“That’s a question that may need to be determined,” Adler said.

Bolger and House Republicans previously had passed the bill under the interpretation that universities were included.

Rep. Dave Agema, R-Grandville, who sponsored the bill, said despite the governor’s view, he still sees universities as held to the same standards as other public bodies under the new law.

“That’s the million-dollar question,” Agema said. “There may be a court case on it, and I highly suspect there will be.”

The bill largely was aimed to force universities to follow the law, Agema said.

The bill’s passage comes after a rift between Republicans formed on the issue. After its original passage in the House, Senate Republicans struck part of the bill that referenced universities, fearing it might violate the autonomy clause guaranteed in the Michigan constitution.

While Snyder said the effort to strip universities of that freedom is unconstitutional, House Republicans have said colleges are legally included.

Upon the bill’s passage in the legislature, Bolger and other House Republicans insisted bill would remove the right of public universities to offer domestic partner benefits, even after the Senate struck a specific reference to university employees.

The pair of bills has received wide criticism from some gay rights activists, who say the legislation unfairly targets same-sex partners.

The East Lansing City Council passed a resolution opposing the bills in October, saying it violates the rights granted to local governments.

East Lansing Mayor Pro Tem Nathan Triplett said in a previous interview that the bill also might discourage domestic-partner families from living in Michigan.

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“It sends a pretty strong message that these legislators believe these families aren’t welcome in our state,” Triplett said. “These bills very clearly attack the local control over prerogatives of cities.”

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