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House passes amendment

Marriage defined as between man, woman in measure

February 25, 2004

A state House committee passed a resolution Tuesday that aims to amend the Michigan Constitution to define marriage as between one man and one woman.

The resolution, introduced by Rep. Gary Newell, R-Saranac, was approved with a 6-0 vote in the House Family and Children's Services Committee. The six Republicans on the committee approved the measure and the three Democrats abstained.

The measure now moves to the House floor. If it passes with a two-thirds vote in both the House and the Senate, the resolution will be on the fall ballot, allowing Michigan voters to decide whether to add it to the Constitution.

Newell said he introduced the measure after looking at judges in other states who created laws on same-sex unions through court decisions.

"After giving it some thought, I thought this would be the best way to protect the laws we already have here in Michigan," he said.

Several people who oppose the measure said that in addition to outlawing same-sex marriage, it would prohibit recognition of civil unions and domestic-partner benefits.

"It prohibits any form of legal recognition for same-sex relationships," said Jay Kaplan, staff attorney for the American Civil Liberties Union of Michigan. Kaplan works on the ACLU's lesbian, bisexual, gay and transgender project.

Kaplan said, if it passes through the Legislature, the ACLU will consider filing a lawsuit against the measure on the grounds that it is unconstitutional.

"It's about treating people like second-class citizens," he said.

Some people who attended the committee meeting said the hearing was unusually short.

"It's an embarrassment in Michigan that this committee spent less than an hour discussing something that would amend our Constitution," said Sean Kosofsky, director of policy for the Triangle Foundation, a statewide LBGT network. "Constitutions are amended to allow greater liberties, not to restrict liberties."

Kosofsky said his organization is fighting the measure by lobbying, writing legislators and educating the public.

"We're doing all we can to make sure this doesn't leave the Legislature," he said.

The Associated Press contributed to this report.

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