The Michigan Court of Appeals issued a ruling Feb. 2 prohibiting
the state's public employers from providing benefits to
the same-sex partners of their employees.
The American Civil Liberties Union of Michigan has stated
that it plans to file an appeal with the Michigan Supreme
Court. Eastern Michigan University intends to evaluate
the court's decision before taking any action related to
its domestic partner benefits policy.
"I am deeply disappointed that the Michigan Court
of Appeals issued a ruling Friday (Feb. 2) that prohibited
the state’s public employers from providing benefits
to the same-sex partners of their employees. This ruling
affects universities like Eastern Michigan and our 14 sister
institutions," EMU President John Fallon said in an
e-mail to campus Feb 5. "It is our understanding that
the plaintiffs in the pending litigation are considering
an appeal to the Michigan Supreme Court and a request for
an immediate stay. We support that effort.
A three-judge panel of the Court of Appeals said a ban
on gay marriage, approved by Michigan citizens in 2004,
also applies to same-sex domestic partner benefits. Today's
decision reverses a 2005 ruling from an Ingham County judge
who said universities and governments could provide such
benefits.
"The marriage amendment's plain language prohibits public
employers from recognizing same-sex unions for any purpose," the
Court wrote in the ruling.
EMU and many other state-supported universities provide
same-sex domestic partner benefits to nonbargained-for
employees and unionized employee groups.
"What does this mean to our employees who are affected
by the court’s decision?," Fallon said. "Eastern
Michigan will continue to provide same-sex benefits through
the end of the current contract for bargained-for employee
groups and through the end of the year for all employees,
whichever is later."
EMU's Board of Regents first approved the domestic partner
benefits policy in 1999. When approved, it applied only to
faculty, and was later extended to all other employee groups.
Eastern Michigan University currently has 1,975 employees
who are eligible to receive benefits, within seven unions
and three nonbargained-for classifications. A total of 19
employees are currently taking advantage of the domestic-partner
benefit program.
