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State House Committee Approves Consitutional Ban On Gay Marriage
Measure May Have To Pass Voters Before Its Added To Constitution
POSTED: 11:35 am EST February 24, 2004
A state House committee approved a resolution that would amend the state constitution to define marriage as between one man and one woman.
The House Family and Children's Services Committee voted 6-0 Tuesday to approve the constitutional amendment. All six Republicans on the committee voted in favor of it and the three Democrats abstained.
The measure, which next will be taken up by the full House, must get a two-thirds vote in both the House and Senate to go on the Nov. 2 ballot. It would have to pass the voters before it could be added to the constitution.
Michigan law already defines marriage as between one man and one woman.
But Republican Sen. Alan Cropsey of DeWitt, who is sponsoring a similar Senate joint resolution, said that adding an amendment to the state constitution would prevent legal challenges by gay couples seeking to marry from having success in Michigan courts. He also said it simply protects marriage and families as they've been known traditionally.
Republican Rep. Rep. Gary Newell of Saranac introduced the House measure.
"This is designed to protect the law we already have in place," said Newell, who was among about a dozen people who testified on the resolution before a packed committee room.
Several opponents of the measure pointed out that it would prohibit the state from recognizing same-sex marriage or its legal equivalent. They said it could prevent local governments and public and private agencies from preventing discrimination and offering benefits for domestic partners.
Jay Kaplan, an attorney for the American Civil Liberties Union of Michigan, said the measure is unconstitutional because it treats one group of people differently from another.
"This is discrimination," he said after the hearing.
The ACLU will file a lawsuit to stop the constitutional amendment if it's approved by voters, said Shelli Weisberg, legislative director for the ACLU of Michigan.
Supporters of the resolution said it would strengthen the state's law prohibiting same-sex marriage.
"It might be tempting to take no action and leave things the way they currently are," said Sister Monica Kostielney, president and CEO of the Michigan Catholic Conference. "But the tidal wave of events across the nation has forced your hand."
The Massachusetts Supreme Judicial Court recently ruled that it is unconstitutional to bar gay couples from marriage, and the city of San Francisco has permitted more than 3,000 same sex unions.
Voting for the resolution were Republican Reps. Lauren Hager of Port Huron, John Stahl of North Branch, Barbara Vander Veen of Allendale, Joanne Voorhees of Grandville, Fulton Sheen of Plainwell and Doug Hart of Rockford.
"It's a matter of coming to a decision to do what's right," Hager, chairman of the committee, said about deciding to hold a vote on the measure after hearing testimony for a little more than hour Tuesday.
Not voting were Democratic Reps. Artina Tinsley Hardman of Detroit, Brenda Clack of Flint and Jennifer Elkins of Lake.
"This resolution will not help us get to one Michigan," Hardman said. "It will divide us."
Democratic Gov. Jennifer Granholm said again Monday that she opposes gay marriage, but added she thinks couples should have the right to civil unions so they can be protected on issues like property rights.
The marriage amendment resolutions are Senate Joint Resolution E and House Joint Resolution U.
www.michiganlegislature.org.
Copyright 2004 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.