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The People's Court May 9th 2008
In what is being called "a vindication of the will of the people," the
Michigan Supreme Court upheld the state's marriage amendment as
applied to state-funded domestic partner benefits. Upholding a lower
court decision, the judges agreed that public employers cannot provide
spousal benefits like health insurance to gay people because
it would violate Michigan's constitution. By a 5-2 vote, the court effectively
ended the policies of 20 universities, school districts, and local governments
which covered an estimated 375 gay committed couples. The ruling was made
possible by the 2004 ballot initiative defining marriage as the union of a
man and woman. Passed with 59 percent of the vote, the amendment to
the state's constitution made the unique status of marriage impenetrable
for gay citizens. Justice Stephen Markman, writing for the
majority, addressed the suit's 42 plaintiffs who claimed that the amendment
was meant to ban gay marriage, not eliminate people's benefits .
The judge reminded them that both proponents and opponents of the initiative knew
that the privileges of marriage like, health insurance, would not be extended to gay citizens if the amendment passed.
"The role of this Court is not to determine
who said what about the amendment before it was ratified, or to speculate
about how these statements may have influenced voters," he wrote.
"Instead, our responsibility is, as it has always been in matters of
constitutional interpretation, to determine the meaning of the
amendment's actual language."
It is so refreshing to encounter a high court that understands its limitations in resolving some of the nation's most contentious issues! We applaud these justices for recognizing their role and affirming the democratic process. While we celebrate the victory,
it should also serve as a prime illustration of how critical the judicial
nomination process is. Join us in urging the Senate to put aside their
differences and fill the many bench vacancies with men and women
who will submit their personal agendas to the rule of law. For more on
the importance of appointing strict constructionists, log on to
www.usatoday.com and read my column called "Restrain Judicial Activism." Tony Perkins of Family Research Council (Sub Company of Focus on the Family)
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