Michigan: No Gay Benefits

Published: May 8, 2008

LANSING, MICH. - Local governments and state universities in Michigan cannot offer health insurance to the partners of gay workers, the state Supreme Court ruled Wednesday.

The court ruled 5-2 that Michigan's 2004 ban against gay marriage also blocks domestic-partner policies affecting gay employees at the University of Michigan and other public-sector employers.

The decision affirms a February 2007 appeals court ruling.

Up to 20 public universities, community colleges, school districts and local governments in Michigan have benefit policies covering at least 375 gay couples. After the appeals court ruled, the universities and local governments rewrote their policies to try to comply with the gay marriage ban - so the effect of Wednesday's decision is unclear.

The new policies no longer specifically acknowledge domestic partnerships but make sure "other qualified adults," including gay partners, are eligible for medical and dental care. The adults have to live together for a certain amount of time, be unmarried, share finances and be unrelated.

The voter-approved law, which passed 59 percent to 41 percent, says the union between a man and woman is the only agreement recognized as a marriage "or similar union for any purpose."