Two provisions, which would call for reporting requirements and benefit changes for Michigan’s universities, included in state budget legislation have been deemed unconstitutional and unenforceable by Gov. Rick Snyder’s legal counsel.
In a letter addressed last week to House Speaker Jase Bolger, R-Marshall, and Senate Majority Leader Randy Richardville, R-Monroe, Michael Gadola, legal counsel to the governor, wrote of the unconstitutionality of the two provisions.
One of these provisions would require state universities to report the stem cell research they conduct. The other would ask that universities no longer offer benefits for the domestic partners of their employees.
Because state universities are funded by taxpayer dollars, Ari Adler, Bolger’s spokesman, said some officials feel it is important residents are able to monitor how that money is spent by the schools.
“The best way to find out (is) to have universities report to the legislature what stem cell research is being conducted,” he said.
Legislators also feel universities wrongly are not complying with the state’s constitution by offering benefits to their employees’ domestic partners, Adler said.
But because Michigan voters have approved stem cell research, state Sen. Glenn Anderson, D-Westland, said these officials should not continue to try and restrict it.
“It’s the extremists within the Republican Party that are pushing this budget in very punitive ways against the people of Michigan,” he said.
No matter legislators’ opinions on stem cell research or the definition of marriage, they must recognize that these provisions are unconstitutional, Anderson said.
Gadola wrote that a 2008 constitutional amendment approving stem cell research in the state does not include a provision for the consideration of legislative oversight, therefore the provisions included in budget legislation could not be enforced.
Leonard Fleck, a philosophy professor and faculty member in MSU’s Center for Ethics and Humanities in the Life Sciences, said he supports the opinion of Snyder’s legal counsel.
“The state legislature has no business trying to micro-manage medical and scientific research within the university,” Fleck said in an email.
Mike Boulus, executive director of the Presidents Council, State Universities of Michigan, said such social policy should not be included in the state’s budget bill.
“There’s a certain group of policy makers who want to use the budget bill for strongly held social beliefs,” he said. “It’s about ultimately getting endorsements.”
But there are no penalties attached to these provisions. The language is intent language, Boulus said.
Although Adler said House Republicans feel universities should comply with the reporting requirement and benefits restriction, there are no appropriations tied to the provisions inciting universities to adhere.
Snyder spokeswoman Sara Wurfel said the governor will decide what should be done about the budget legislation and any unconstitutional provisions when it reaches his desk.
“(He) will be looking at the entire language and then make a decision from there,” Wurfel said.
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