A hearing to determine whether public employers can offer benefits to domestic partners is scheduled for today at the Ingham County 30th Circuit Court and proponents will hold a rally before the hearing.

Triangle Foundation Director of Policy Sean Kosofsky said the benefits should remain legal.

"I don't want to comment on possible decisions from the hearing, but we are expecting a positive outcome because the intent behind Proposal 2 was not to restrict domestic benefits," he said.

In 2004, Proposal 2 was put on the ballot and was ratified as a Michigan Constitutional amendment defining marriage as being between a man and a woman.

The American Civil Liberties Union, or ACLU, is representing 22 same-sex couples who filed a lawsuit in March after Attorney General Mike Cox interpreted the amendment as barring the city of Kalamazoo from providing domestic-partner benefits in future contracts.

Messages left at the attorney general's office were not returned.

The court hearing, which would have been last month, was postponed in order for Gov. Jennifer Granholm to obtain separate legal counsel, Granholm's spokeswoman Liz Boyd said in July.

Jay Kaplan, ACLU staff attorney, said the language of the proposal was not supposed to affect domestic-partner benefits.

"We hope the court will agree with our argument that the language passed on the proposal does not prohibit domestic-partner benefits," she said. "We think people who voted for the proposal didn't plan to take away health insurance from families."

Kaplan said last week Granholm submitted a legal brief in favor of ACLU.

Boyd said the governor believes the proposal does not prohibit benefits from being offered to domestic partners.

"The proponents of Proposal 2 said during the campaign that Proposal 2 would not affect domestic benefits," she said. "The governor believes that domestic-partner benefits are allowed under the law."

Michigan Equality Executive Director Chris Swope said the decision will not only affect couples but children as well.

"If some same-sex couples have children and their health insurance is taken away, the child as well will lose health insurance," he said.

He also said he felt voters were under the impression Proposal 2 would not take away benefits and that it dealt with marriage only.

Michigan's ACLU Communications Director Wendy Wagenheim said the hearing gives the ACLU a chance to state their purpose in front of a judge.

Wagenheim said she will also attend the rally.

"I will be at the rally which is to show support for all gay and lesbian couples who have the same needs as heterosexual couples," she said.